38-17-1. Contract reserving title to landlord to be filed with register of deeds. Every contract whereby the ownership or title to crops growing or to be grown upon any lands in this state is reserved in the landlord until division thereof between such landlord and the cropper or tenant, shall be filed in the office […]
38-17-1.1. Crop seeds defined. For the purposes of this chapter, the term, crop seeds, means the seeds of grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed and combinations of such seeds. Source: SL 2018, ch 241, §1.
38-17-10. Lien of federal agency furnishing seed or money. The United States of America or any agency or instrumentality thereof, including production credit associations organized under the Farm Credit Act of 1933, furnishing seed or loaning money for the purchase of seed, to any person within the State of South Dakota for the purpose of […]
38-17-11. Filing of federal seed lien with register of deeds–Contents of notice. The lien of the United States or its agency is perfected by filing, in like manner as similar lien notices or accounts are filed under §38-17-5, in the office of the register of deeds of the county in which the seed is to […]
38-17-12. Misappropriation of federally furnished seed or money as misdemeanor. Any person who misappropriates any of the seed, or money loaned to purchase the seed, furnished by the United States or any agency, or any crop grown from the seed, and for which the United States or agency has a lien under the provisions of […]
38-17-13. General law of seed liens applicable to federal liens. All other statutes of South Dakota applicable to crop seed liens, including the duties of register of deeds, priorities, foreclosure, and penal provisions, except if a different intention plainly appears, are applicable to federal agency seed liens as provided in §§38-17-10 and 38-17-11. Source: SL […]
38-17-14. Farm machinery owner’s lien on processed agricultural products. Any person owning and operating farm machinery has a lien from the date of operation on all grain threshed or combined, corn shelled, husked or shredded, silage cut, seeds hulled, or agricultural products baled, mowed, ground, raked, or pulverized by the person with the machine for […]
38-17-15. Account filed by processor with register of deeds–Contents–Notice to purchasers and encumbrancers. Any person entitled to a lien under §38-17-14 shall provide a written account stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise processed, the price agreed upon for such work, which may not exceed the price usually charged […]
38-17-16. Priority of threshers’ and processors’ liens. Any lien under §38-17-14 has priority over all other liens and encumbrances upon the grain, if filed within thirty days from the day on which the harvesting, threshing, shelling, or other processing was completed. Source: SL 1901, ch 174, §2; RCCivP 1903, §738; RC 1919, §1684; SL 1921, […]
38-17-17. Innocent purchaser of crop protected against unfiled lien. The provisions of §38-17-14 shall not apply to an innocent purchaser of the grain, corn seeds, or agricultural products baled, mowed, ground, raked, or pulverized after the threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or pulverizing, unless the said lien be filed […]
38-17-18. Unauthorized disposition of property subject to thresher’s or processor’s lien as misdemeanor. Any person selling, secreting, or disposing of property covered by a threshing, harvesting, hulling, or other processing lien under the provisions of §§38-17-14 to 38-17-17, inclusive, without the written consent of the owner of said lien, is guilty of a Class 2 […]
38-17-19. Foreclosure of crop liens. Any person having a lien under the provisions of §§38-17-3 to 38-17-18, inclusive, may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54, subject to the right of any person adversely interested to require foreclosure under the provisions of chapter 21-53. Source: SL […]
38-17-3. Lien on crop for seed furnished–Limitation on amount contained in farm lease. Any person who provides crop seeds to be planted on any lands owned, used, or rented by another person has a lien on the crop produced from the seed if the person providing the seed files the notice described in §38-17-5. A […]
38-17-4. Seed lien available to foreign corporations without qualifying. Any corporation created by virtue of the laws of any other state or territory may furnish crop seed under the provisions of §§38-17-3 to 38-17-9, inclusive, without complying with the laws in reference to foreign corporations doing business in this state. Source: SL 1887, ch 150, […]
38-17-5. Filing of seed lien affidavit with register of deeds. Any person entitled to a lien pursuant to §38-17-3 shall provide a written account stating the kind, quantity, and value of the seed, the name of the person who furnished the seed, and a description of the land on which the seed has been or […]
38-17-6. Seed lien affidavit on behalf of nonresident. If the person furnishing any crop seed pursuant to §§38-17-3 to 38-17-9, inclusive, is not a resident of this state, the affidavit required by §38-17-5 may be made by the person’s attorney or agent who is a resident of this state. The affidavit shall indicate the nonresidence […]
38-17-7. Entry of seed lien statements by register of deeds–Notice to purchasers and encumbrancers. The office of the register of deeds shall file and enter the statements required by §38-17-5 in the manner required by law in the personal property index. The filing of the statements described in §§38-17-5 and 38-17-6 operates as a notice […]
38-17-8. Priority of seed liens. Any lien under the provisions of §§38-17-3 to 38-17-7, inclusive, if filed within thirty days after the crop seed is furnished, has preference in the order of the filing. The lien has priority over all other liens and encumbrances on the crop, except threshers’ liens. Source: SL 1887, ch 150, […]
38-17-9. Unauthorized use of seed subject to lien as misdemeanor. Any person who obtains crop seeds subject to a lien under the provisions of §§38-17-3 to 38-17-8, inclusive, and who uses the seed or any part of the seed without the written consent of the person who furnished the seed for any other purpose, is […]
