§ 32-3-1 Definition of terms
§ 32-3-2 Applicability
§ 32-3-2.3 Mopeds exempt
§ 32-3-2.4 Farm vehicles exempt–Exceptions
§ 32-3-3 Selling new vehicle without delivering manufacturer’s statement or certificate of origin–Purchasing new vehicle without obtaining certificate–Violation as misdemeanor
§ 32-3-3.1 Initial registration and titling of mobile and manufactured homes–Time for registration–Penalty–Violation as misdemeanor
§ 32-3-3.2 Surrender of title on mobile or manufactured home–Request and application–Record–Liens
§ 32-3-3.3 Titling of mobile or manufactured home whose title was surrendered–Affidavit–Report
§ 32-3-4 Eligibility for license–Mobile and manufactured homes exempt
§ 32-3-5 Sale without delivering certificate of title–Purchase without obtaining certificate of title–Temporary use–Time limit–Violation as misdemeanor
§ 32-3-6 Ownership passing by operation of law–Burden of proof
§ 32-3-7 Sale of secondhand vehicle–Time for delivery of certificate of title–Exception–Violation as misdemeanor
§ 32-3-7.1 Extension of time to deliver certificate of title to secondhand vehicle–Temporary license permit
§ 32-3-10 Statement or certificate of origin as passing title–Waiver and estoppel inapplicable
§ 32-3-11 Certificate as evidence of ownership–Possession before delivery of certificate–Risk of loss–Insurable interest
§ 32-3-12 Operation or possession of vehicle without certificate as misdemeanor
§ 32-3-13 Sale or transfer without certificate as misdemeanor
§ 32-3-14 False statement in application–Felony
§ 32-3-15 Alteration or forgery of certificate–Knowing use of altered or forged certificate–Felony
§ 32-3-16 Uniform method of numbering certificates–Retention of documents by department
§ 32-3-17 Validity of certificates previously issued–Issuance of new certificate
§ 32-3-18 Application for certificate–Contents–Fee–Assignment of previous certificate
§ 32-3-18.1 Administration fee–Title applications processed by mail
§ 32-3-19 False swearing in connection with certificates–Perjury–Punishment
§ 32-3-20 Change of identification number on vehicle–New certificate–Contents of new certificate–Delivery to owner
§ 32-3-21 Unnumbered vehicles not subject to titling–Titling by number other than vehicle identification number
§ 32-3-22 Assignment and attachment of vehicle identification number–Registration under assigned number–Violation as felony–Fees
§ 32-3-22.1 Fee for assignment of vehicle identification number
§ 32-3-23 Application for original certificate–Contents–Supporting documents
§ 32-3-24 Burden of proving ownership–Issuance of certificate
§ 32-3-25 Application for title and registration by dealer on behalf of customer–Location of filing
§ 32-3-26 Time for filing application for certificate–Vehicles in dealer’s stock
§ 32-3-27 Late application for certificate–Additional fee–Application delay as misdemeanor
§ 32-3-28 Issuance of certificate in paper or electronic form–Notation of liens
§ 32-3-29 Lost certificates–Fee for duplicate
§ 32-3-30 Certificate to show chain of title–Exceptions
§ 32-3-30.1 Odometer information on certificate–Required on sale–Falsification as felony
§ 32-3-30.2 Abstract of title history or damage disclosure statements–Fee
§ 32-3-31 Dealer prohibited from taking certificate which does not show name of vendor and vendee–Violation as misdemeanor
§ 32-3-32 Dealer’s acceptance of out-of-state certificates
§ 32-3-33 Change of county of use of vehicle–Issuance of duplicate for filing by treasurer–Validity of liens
§ 32-3-34 Assistance by county treasurer
§ 32-3-35 Manufacturer’s statement or certificate of origin pending issuance of certificate of title–Priority of liens
§ 32-3-36 All lien spaces filled–Issuance of new certificate
§ 32-3-37 Sale of encumbered vehicle with knowledge of lien holder–Effect against subsequent purchasers
§ 32-3-38 Holder of security interest entitled to have notation of lien made by treasurer–Notification to department–Notation on instrument and certificate of title
§ 32-3-38.1 Bank, savings and loan association, credit union, or dealer access to motor vehicle title and lien information on state’s computer system
§ 32-3-38.2 Certain fleet leasing contracts do not create sale or security interest–Not applicable to personal leases
§ 32-3-38.3 Dealer required to utilize electronic title file system
§ 32-3-39 Deposit of security interest instrument not required
§ 32-3-40 Security interests created prior to enactment of statute
§ 32-3-41 Liens noted on certificate valid against creditors of debtor, subsequent purchasers, and other claimants–Perfection of liens noted on-line
§ 32-3-42 Vehicles held in stock–Security interests acquired previous to enactment of statute
§ 32-3-43 Notation of lien on certificate of title–Liability of holder of certificate of title for refusal to deliver
§ 32-3-44 Release on discharge of lien–Liability for failure to release–Delivery of certificate after entry of discharge
§ 32-3-45 Fees for notation
§ 32-3-46 Enforcement of liens–Filing for record not necessary–Notice of sale
§ 32-3-47 Consent of lien holder required for disposal or removal of encumbered vehicle–Violation as felony
§ 32-3-48 Power to revoke or refuse to issue certificate or registration–Notification to applicant
§ 32-3-49 Cancellation of certificate–Notification to county treasurer–Notification to certificate holder and lien holder–Surrender of certificate
§ 32-3-50 Cancellation of receipt of registration upon cancellation of certificate–Return of receipt and license plates–Confiscation
§ 32-3-51 Dismantled or destroyed vehicle–Return of plates and title to department–Cancellation of registration–Consent of lien holder–Notation on certificate–Destruction of certificates–Retention of record–Removal of identification numbers as felony
§ 32-3-51.5 Vehicle with out-of-state marked title–Damage disclosure information–Salvage title or junking certificate
§ 32-3-51.6 Rebuilt title
§ 32-3-51.11 Retention of damage disclosure statement by department–Part of title history
§ 32-3-51.12 Junking certificate required for vehicle being dismantled–Removal of identification number prohibited–Violation as felony
§ 32-3-51.13 Rebuilt or salvage vehicle–Application for junking certificate–Inspection
§ 32-3-51.16 Information required on first and subsequent South Dakota titles for vehicles coming into state
§ 32-3-51.17 Junking certificate for nonrebuildable vehicle
§ 32-3-51.18 Vehicle dealers required to display damage disclosure statement–Return of vehicle
§ 32-3-51.19 Salvage vehicle defined–Application
§ 32-3-51.20 Insurer or self insurer acquiring ownership of salvage vehicle without salvage vehicle title to surrender certificate of title–Salvage title issued–Rebuilt title
§ 32-3-51.21 Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership–Notice–Sale without title as misdemeanor–Application
§ 32-3-51.22 Recovered stolen vehicles–Inspection–Title–Salvage vehicle
§ 32-3-52 Surrender of indicia of ownership by dealers, salvage yards, and others
§ 32-3-53 Restored or rebuilt vehicle–Submission to department–Inspection–Issuance of rebuilt title
§ 32-3-53.2 Inspection of restored or rebuilt vehicles
§ 32-3-53.4 Trailer defined
§ 32-3-56 Special seal–Forms furnished by secretary
§ 32-3-57 Power of secretary to make rules and require uniformity in administration of statutes–Duty of local officials
§ 32-3-59 Auction of older motor vehicles by nonprofit automobile club–When permitted–Penalty
§ 32-3-60 Auctioneer to have odometer reading and certificate of title–Exception–Violation as misdemeanor
§ 32-3-61 Auction of vehicle covered by lien–Consent and release of lien holder–Violation as misdemeanor
§ 32-3-62 List of vehicles sold at auction–Copy of title–Violation as misdemeanor
§ 32-3-63 Sales of older vehicles at certain auctions exempt from vehicle dealer requirements
§ 32-3-64 Titling vehicles eleven years old or more with no existing record
§ 32-3-64.1 Titling vehicles older than 30 years with no existing record–Bond required–Promulgation of rules
§ 32-3-65 Converted motor home title–Unit requirements–Certain requirements to meet national standards–Title application requirements
§ 32-3-66 Certain motor home transport uses not deemed private business uses
§ 32-3-67 Department to provide name and address of record holder of title and lien holders to possessor of vehicle due to unpaid repair bill
§ 32-3-68 Application for title on motor vehicle unclaimed as result of unpaid repair bill–Notice to owner and insurer or lien holder–Publication
§ 32-3-69 Vesting of title to motor vehicle in person to whom repair bill is payable–Intent to reclaim–Sale of vehicle
§ 32-3-69.1 Electronic title system for motor vehicles
§ 32-3-70 Electronic lien filing system–Paper title–Liability for noting or canceling lien in error
§ 32-3-71 Low-speed vehicles
§ 32-3-72 Local law enforcement officers to provide certain information to motor vehicle repossession businesses
§ 32-3-73 Delivery of manufacturer’s statement or certificate of origin upon sale and delivery–Default on sale–Notice–Violation as misdemeanor
§ 32-3-74 Information to be provided to auction agency taking possession of vehicle at insurer’s request
§ 32-3-75 Title issued to auction agency–Notice of right to reclaim
§ 32-3-76 Reclamation of vehicle by owner or lienholder–Notice of intent to reclaim–Vesting of title to abandoned vehicle in auction agency–Sale of vehicle–Distribution of proceeds
§ 32-3-77 Issuance of title to insurer unable to obtain title after payment of total loss
§ 32-3-78 Electric bicycle exempt from chapter

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Terms Used In South Dakota Codified Laws > Title 32 > Chapter 3 - Title Registration Liens and Transfers

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Chambers: A judge's office.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • 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.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2