South Dakota § 21-36-1 - Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.
Full text of South Dakota South Dakota Codified Laws § 21-36-1 — Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney., with citation guidance and answers to common questions.
§ 21-36-1. Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.
Whenever the title to any real or personal property, situate in this state, shall fail through defect of heirs and escheat to the state, the state may thereupon maintain any action, suit, or proceeding necessary to recover the possession of any such property, or for the enforcement or protection of its rights thereto, or on account thereof, and may sue with like effect as a natural person. Such action, suit, or proceeding shall be prosecuted by the attorney general or by the state's attorney of the county wherein the property or some part thereof is situated.
Source: SL 1909, ch 104, § 1; RC 1919, § 3049; SDC 1939 & Supp 1960, § 37.4201.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 21-36-1
What does South Dakota Codified Laws § 21-36-1 cover?
Section 21-36-1 ("Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 21-36-1?
A common citation format is "South Dakota Codified Laws § 21-36-1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 21-36-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.