At the beginning of the action the plaintiff shall file for record with the register of deeds of the county in which the action is pending and of the several counties into which the utility extends, if the lien is claimed under subdivision § 44-9-1(2), a notice of the pendency thereof. After such filing no other action shall be commenced for the enforcement of any lien arising from the improvement described, but all such lien claimants shall intervene in the original action by answer as provided in § 44-9-25.

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Terms Used In South Dakota Codified Laws 44-9-28

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

Source: SL 1913, ch 263, § 11; SL 1917, ch 295, § 4; RC 1919, § 1653; SDC 1939, § 39.0714.

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