South Dakota § 38-17-15 - Account filed by processor with register of deeds--Contents--Notice to purchasers and encumbrancers.

§ 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 for the service, the name of the person for whom the work was done, and a description of the land on which the crop was grown. After making oath to the correctness of the account, the person shall file the account in the office of the register of deeds in the county in which the land producing the crop is located, and also in the county of the residence of the person who produced the crop, if the person is a resident of this state. The office of the register of deeds shall file and enter the account in the manner required by law in the personal property index. The filing serves as notice to all purchasers and encumbrancers subsequent to the date of the filing.

Source: SL 1889, ch 88, §§ 3, 4; RCCivP 1903, §§ 739, 740; RC 1919, §§ 1685, 1686; SL 1921, ch 281, § 3; SL 1931, ch 175, § 3; SL 1933, ch 130; SDC 1939, § 39.1302; SL 2018, ch 241, § 14.

Effective July 1, 2027

38-17-15. Agricultural processor’s lien--Perfection--Financing statement filed--Contents--Process.

Any person entitled to a lien under § 38-17-14 shall perfect the lien as provided in chapter 57A-9 and in this section. Any financing statement filed to perfect the lien must contain or have attached to it the following information:

(1)    The name and address of the owner or lessee and operator claiming the lien;

(2)    The name and address of the person for whom a service specified in § 38-17-14 was performed;

(3)    The amount due for the service;

(4)    The amount of grain, seed, hay, silage, or other agricultural product covered by the lien;

(5)    The place where the grain, seed, hay, silage, or other agricultural product is located;

(6)    The date on which the service was commenced; and

(7)    The date on which the service was completed.

After making oath to the correctness of the statement, the person shall file the statement electronically with the secretary of state. The filing serves as notice of the lien, to all, including purchasers and encumbrancers, subsequent to the date of the filing.

To perfect the lien, the financing statement must be filed within sixty days of the date the processing of the crop was finished. At the time the financing statement is filed, the lienholder shall provide a copy of the financing statement to the person for whom the work was done.

Source: SL 1889, ch 88, §§ 3, 4; RCCivP 1903, §§ 739, 740; RC 1919, §§ 1685, 1686; SL 1921, ch 281, § 3; SL 1931, ch 175, § 3; SL 1933, ch 130; SDC 1939, § 39.1302; SL 2018, ch 241, § 14; SL 2025 ch 166, § 2, eff. Jan. 1, 2027; SL 2026, ch 165, §§ 2, 6, eff. July 1, 2027.