§ 21-36-1 Power of state to maintain actions and proceedings–Prosecution by attorney general or state’s attorney
§ 21-36-2 Report by state’s attorneys and circuit judges of possible escheats
§ 21-36-3 Investigation and bringing of action by attorney general
§ 21-36-4 Intervention in probate proceedings in lieu of bringing action
§ 21-36-5 Direction by Governor for institution of proceedings
§ 21-36-6 State’s attorney to assist on request by attorney general
§ 21-36-7 Complaint filed to bring action–Parties defendant
§ 21-36-8 Allegations required in complaint for escheat
§ 21-36-9 Summons filed–Persons to whom directed–Contents
§ 21-36-10 Publication of summons and complaint–Personal service–Service by mail
§ 21-36-11 Answer to complaint–Reply
§ 21-36-12 Receiver appointed on application by state
§ 21-36-13 Concurrent remedies by action and participation in probate proceedings
§ 21-36-14 Retention of jurisdiction by circuit court for payment of claims and conservation of estate–Surrender of property to receiver–Stay of proceedings in circuit court
§ 21-36-15 Circuit court not to settle estate unless state has intervened
§ 21-36-16 Claims to distributive shares determined in circuit court–Practice and procedure rules
§ 21-36-17 Judgment for state if no answer or motion served–Proof required
§ 21-36-18 Placement on trial calendar if issue joined
§ 21-36-19 Pleadings and testimony in prior proceedings admissible in evidence
§ 21-36-20 Hearing and judgment–Costs
§ 21-36-21 Recording of judgment where title to real property determined
§ 21-36-22 Personal property sold–Proceeds held in special fund–Fixtures treated as personal property–Credit to school fund
§ 21-36-23 Real property managed by commissioner of school and public lands–Sale of property–Disposition of proceeds
§ 21-36-24 Action by heirs to recover property escheated–Time for bringing action
§ 21-36-25 Summons and complaint of adverse claimant–Answer and trial
§ 21-36-26 Judgment for claimant to escheated property–Restoration of property–Interest not included in judgment
§ 21-36-27 Claims to escheated property barred by limitations–Persons under disability
§ 21-36-28 Appeal to Supreme Court
§ 21-36-29 Escheated property credited to school fund
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 36 - Actions for Escheat of Property

  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.