| 1 | 1 | | 25.220.12 100th Legislative Session 1199 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1199 |
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| 12 | 12 | | Introduced by: Representative Jensen (Phil) |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to repeal a provision requiring the sale of property acquired by a tax deed. 1 |
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| 17 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 |
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| 18 | 18 | | Section 1. That § 10-25-39.2 be REPEALED. 3 |
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| 19 | 19 | | Any person, except a county, acquiring real property by a tax deed after being 4 |
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| 20 | 20 | | issued a tax certificate shall offer the property at public auction in accordance with the 5 |
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| 21 | 21 | | provisions of chapter 6-13 and § 10-25-39.1. The auction must occur within one year of 6 |
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| 22 | 22 | | the issuance of the tax deed. Following the sale, the seller of the property is entitled to 7 |
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| 23 | 23 | | compensation in the same manner as redemption of a tax certificate pursuant to § 10-24-8 |
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| 24 | 24 | | 1. The proceeds of the sale must be distributed in accordance with § 10-25-39. 9 |
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| 25 | 25 | | Section 2. That § 10-25-12 be AMENDED: 10 |
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| 26 | 26 | | 10-25-12. Any deed acquired pursuant to § 10-25-39.1 or 10-25-39.2 vests in 11 |
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| 27 | 27 | | the grantee an absolute estate in fee simple in the real property. However, the The real 12 |
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| 28 | 28 | | property is subject to any claim that the state may have in the real property for taxes, 13 |
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| 29 | 29 | | liens, or encumbrances. The real property is also subject to any lien for past -due 14 |
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| 30 | 30 | | installments of special assessments for the financing of municipal improvements levied 15 |
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| 31 | 31 | | pursuant to chapter 9-43, including principal and interest on the installments except as 16 |
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| 32 | 32 | | provided by § 9-43-100. The holder of the deed or the holder's successor in interest is 17 |
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| 33 | 33 | | entitled to immediate exclusive possession of the real property described in the deed 18 |
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| 34 | 34 | | regardless of the rights of any person to redeem or question exclusive possession 19 |
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| 35 | 35 | | thereafter. 20 |
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