49-43-1. Grain delivered to warehouse considered stored–Other arrangements–Settlement. Any grain delivered to a public grain warehouse shall be considered stored at the time of delivery unless an arrangement has been made with the public grain warehouse operator prior to or at the time of delivery to apply the grain on contract, for shipment or consignment, […]
49-43-1.1. Definitions. Terms used in this chapter mean: (1)”Commission,” the Public Utilities Commission of this state; (2)”Grain bank,” grain which is received by a public grain warehouse from depositors for storage and is to be withdrawn and processed into feed as needed; (3)”Independent provider,” a third party entity that maintains an electronic central filing system […]
49-43-10. Yearly grain measurement–Additional reports–Violation as misdemeanor. Each public grain warehouse shall obtain a yearly measurement of all the grain in its facility and shall provide the results of the measurement to the commission along with a daily position report as of the time of the measurement. The measurement shall be performed by a qualified […]
49-43-11. Duty to receive grain–Exceptions–Violation as misdemeanor. The lessee, owner, or manager of a public grain warehouse which has furnished a bond and received a public grain warehouse license, shall receive for storage all grain offered for storage at the warehouse, which at the time of the offer are in suitable condition for storage, and […]
49-43-13. Notice of market value of grain and accrued storage charges. By June thirtieth of each year, each warehouse operator shall provide written notice to each current depositor of all outstanding warehouse receipts, grain in open storage, and grain in a grain bank account. The notice shall state the market value of the grain and […]
49-43-14. Issuance of new receipts–Cancellation of old receipts. Upon the payment of all the accrued charges and the return of the storage receipt, a public warehouseman shall, if requested by the holder of an outstanding storage receipt, issue a new storage receipt to such holder and cancel the former receipt by endorsing thereon the words, […]
49-43-15. Conditions to issuance of receipt–Violation as misdemeanor. No warehouse receipt may be issued by a public grain warehouse except upon actual delivery of grain into the warehouse; nor may a receipt be issued for a greater quantity of grain than was actually received; nor may more than one receipt be issued for the same […]
49-43-17. Modification of warehouseman’s liability prohibited. No public grain warehouseman may insert into any warehouse receipt issued by him any language modifying his liability as imposed by the laws of this state. Source: SDC 1939, §60.0316; SL 1985, ch 376, §37.
49-43-18. Cancellation of receipt upon delivery of grain–Double delivery prohibited. Upon the delivery of grain from storage upon any receipt issued by a public grain warehouse, such receipt shall be plainly marked across its face “canceled,” and is thereafter void and may not again be put in circulation, nor may grain be delivered twice upon […]
49-43-19. Partial delivery of grain–Issuance of new receipt–Terms of new receipt. If a part of the grain represented by the receipt is delivered out of storage and the remainder is left, a new receipt may be issued for the remainder. The new receipt shall bear the same date as the original and shall state on […]
49-43-2. Delivery constitutes bailment rather than sale. If any grain is delivered to any person doing a public grain warehouse business in this state and is held in open storage, in a grain bank account, or placed on a warehouse receipt, the delivery is a bailment and not a sale of the grain. Source: SDC […]
49-43-2.1. Receipt for stored grain required–Exceptions–Form–Violation as misdemeanor. The operator of a public grain warehouse shall give a receipt for the grain received by it for storage, except for grain held in open storage or a grain bank account. No receipt form may be used except any form requested and ordered in accordance with the […]
49-43-20. Division or consolidation of receipts–Cancellation of original receipt–Terms of new receipt. If it is desirable to divide one receipt issued by a public grain warehouse into two or more, or if it is desirable to consolidate two or more receipts into one, and the warehouseman consents thereto, the original receipt shall be canceled the […]
49-43-21. Warehouseman prohibited from denying title of receipt holder. No person doing a grain warehouse business having issued a receipt for the storage of grain as in this chapter provided, may thereafter be permitted to deny that the grain represented by the receipt is the property of the person to whom such receipt was issued […]
49-43-22. Duty to redeliver grain. Upon the return of any storage receipt by a receipt holder, a scale ticket for open storage grain, or a scale ticket for grain in a grain bank account, to the public grain warehouse issuing the receipt or scale ticket, and the tender of all proper charges on the grain […]
49-43-23. Redelivery of identical grain not required–Deduction for dockage and foreign material–Guaranty respecting weight, grade, and quality. Nothing in §49-43-22 means the delivery of the identical grain specified in the receipt or scale ticket. A warehouse may instead deliver an equal amount of the same grade, kind and quality. If the grain delivered has not […]
49-43-25. Refusal to deliver grain as theft. Any public grain warehouseman who, after demand, tender and offer as provided in §49-43-22, willfully fails to deliver, as provided by §49-43-22, to the person making such demand, the full amount of grain of the kind and grade or market value thereof which such person may demand of […]
49-43-26. Certificates of weight and grade to be forwarded to warehouse and available for inspection–Violation as grounds for license revocation. Any person transacting the business of a public grain warehouseman, from whose public grain warehouse grain is shipped to any terminal point at which such grain is weighed, inspected, and graded by the officer of […]
49-43-3. Grain stored under receipt not liable to seizure–Insolvency of bailee. In no case is the grain stored under a receipt as required by §49-43-2.1, open storage grain, or grain bank liable to seizure upon process of any court in any action against the bailee, except an action by the owner of open storage grain, […]
49-43-32. Warehouseman agreeing to delivery contrary to owner’s directions as misdemeanor. It is a Class 2 misdemeanor for any proprietor, lessee, or manager of a public grain warehouse to enter into a contract, agreement, understanding, or combination with a railroad company, corporation, or individual by which the property of any person is to be delivered […]
