Section 44-9-35 – Foreclosure of liens involving public utility–Receivership created instead of directing sale of property.
44-9-35. Foreclosure of liens involving public utility–Receivership created instead of directing sale of property. In all cases of liens arising under the provisions of subdivision §44-9-1(2) a receivership may be created in the first instance instead of directing a sale of the property. Source: SL 1913, ch 263, §15; RC 1919, §1657; SDC 1939, §39.0717.
Section 44-9-52 – Notice of project commencement does not affect title, liens allowable, or mortgage.
44-9-52. Notice of project commencement does not affect title, liens allowable, or mortgage. The filing of a notice of project commencement does not constitute a cloud, lien, or encumbrance upon, or defect to, the title of the real property described in the notice, nor does it alter the aggregate amounts of liens allowable by applicable […]
Section 44-9-36 – Receiver appointed in foreclosure proceeding–Issuance of certificates for charges necessary to protect property as provided in judgment.
44-9-36. Receiver appointed in foreclosure proceeding–Issuance of certificates for charges necessary to protect property as provided in judgment. The court may authorize such receiver to issue receiver’s certificates to persons furnishing services, supplies, or equipment only to the extent necessary for preservation of such property, and for taxes, insurance, and similar charges necessary to protection […]
Section 44-9-53 – Notice of furnishing labor or materials required before lien extended–Notice recipients–Time for filing–Contents of notice–Exemption.
44-9-53. Notice of furnishing labor or materials required before lien extended–Notice recipients–Time for filing–Contents of notice–Exemption. If the provisions of §§44-9-50 and 44-9-51 are first invoked, no sub-subcontractor or supplier to subcontractors is entitled to extend, pursuant to §44-9-15, a lien created pursuant to subdivision 44-9-1(1), unless the sub-subcontractor or supplier has first provided notice […]
Section 44-9-37 – Compensation of receiver fixed by court.
44-9-37. Compensation of receiver fixed by court. The compensation of the receiver shall be fixed at a reasonable daily rate by order of the court for each day that the receiver is actually engaged in the performance of his duties. Source: SL 1909, ch 51, §8; SL 1915, ch 243, §8; RC 1919, §1638; SDC […]
Section 44-9-38 – General power of court to appoint receiver not abridged.
44-9-38. General power of court to appoint receiver not abridged. Nothing in §§44-9-34 to 44-9-37, inclusive, shall abridge the power of the court otherwise to appoint a receiver under the provisions of chapter 21-21. Source: SDC 1939, §39.0717.
Section 44-9-40 – Judgment for lien holder–Amount demanded and proved–Costs fixed by court–Excluded from lien of other property.
44-9-40. Judgment for lien holder–Amount demanded and proved–Costs fixed by court–Excluded from lien of other property. Judgment shall be given in favor of each lien holder for the amount demanded and proved by him, with costs and disbursements to be fixed by the court at the trial, and such amount shall not be included in […]
Section 44-9-41 – Foreclosure of lien–Taxation of costs–Sum allowed for preparation and filing of lien statement and account.
44-9-41. Foreclosure of lien–Taxation of costs–Sum allowed for preparation and filing of lien statement and account. The clerk of the courts shall tax the same costs as are allowed in foreclosures of real estate mortgages. The lien claimant shall be entitled to tax as costs, in addition to all other costs allowed by law, the […]
Section 44-9-42 – Foreclosure of lien–Allowance of fees and expenses, attorneys, receivers, exception.
44-9-42. Foreclosure of lien–Allowance of fees and expenses, attorneys, receivers, exception. The court shall have authority in its discretion to allow such attorney’s fees and receiver’s fees and other expenses as to it may seem warranted and necessary according to the circumstances of each case, and except as otherwise specifically provided in this chapter. Source: […]
Section 44-9-43 – Payment of judgment by lien holder personally indebted for amount of lien–Subrogation to rights of person so paid.
44-9-43. Payment of judgment by lien holder personally indebted for amount of lien–Subrogation to rights of person so paid. If, after judgment, a lien holder who is personally indebted for the amount of any lien so adjudged in favor of another shall pay such indebtedness, he shall thereby become subrogated to the rights of the […]