§ 49-43-1 Grain delivered to warehouse considered stored–Other arrangements–Settlement
§ 49-43-1.1 Definitions
§ 49-43-2 Delivery constitutes bailment rather than sale
§ 49-43-2.1 Receipt for stored grain required–Exceptions–Form–Violation as misdemeanor
§ 49-43-3 Grain stored under receipt not liable to seizure–Insolvency of bailee
§ 49-43-4.1 Promulgation of rules
§ 49-43-4.2 Public grain warehouse license–Penalty–Injunction–Civil fine
§ 49-43-4.3 Bond requirement–Violation as misdemeanor
§ 49-43-4.4 Issuance or denial of license
§ 49-43-4.5 Expiration of license–Revocation or suspension
§ 49-43-5.1 Application for license–Contents–Multiple warehouses of licensee
§ 49-43-5.2 Application fee
§ 49-43-5.3 Purpose of bond–Amount–Multiple warehouses
§ 49-43-5.5 Filing of other financial documents in lieu of bond
§ 49-43-5.6 Grounds for suspension of license
§ 49-43-5.7 Recovery of damages for breach of obligation under bond–Notice to commission–Time for commission response
§ 49-43-5.8 Possession of warehouse by commission–Notification of surety
§ 49-43-5.9 Claim against warehouseman–Time limitation–Notice of revocation of license
§ 49-43-7 Filing of rates charged by grain warehouse–Adjustment–Nondiscrimination
§ 49-43-9 Monthly reports to commission–Form and contents–Public inspection–Violation as misdemeanor
§ 49-43-10 Yearly grain measurement–Additional reports–Violation as misdemeanor
§ 49-43-11 Duty to receive grain–Exceptions–Violation as misdemeanor
§ 49-43-13 Notice of market value of grain and accrued storage charges
§ 49-43-14 Issuance of new receipts–Cancellation of old receipts
§ 49-43-15 Conditions to issuance of receipt–Violation as misdemeanor
§ 49-43-17 Modification of warehouseman’s liability prohibited
§ 49-43-18 Cancellation of receipt upon delivery of grain–Double delivery prohibited
§ 49-43-19 Partial delivery of grain–Issuance of new receipt–Terms of new receipt
§ 49-43-20 Division or consolidation of receipts–Cancellation of original receipt–Terms of new receipt
§ 49-43-21 Warehouseman prohibited from denying title of receipt holder
§ 49-43-22 Duty to redeliver grain
§ 49-43-23 Redelivery of identical grain not required–Deduction for dockage and foreign material–Guaranty respecting weight, grade, and quality
§ 49-43-25 Refusal to deliver grain as theft
§ 49-43-26 Certificates of weight and grade to be forwarded to warehouse and available for inspection–Violation as grounds for license revocation
§ 49-43-32 Warehouseman agreeing to delivery contrary to owner’s directions as misdemeanor
§ 49-43-33 Pooling agreements between competing warehousemen as misdemeanor
§ 49-43-35 Grain bank accounts–Establishment and maintenance
§ 49-43-36 Open storage grain considered stored grain
§ 49-43-37 Insurance of grain against loss–Violation as misdemeanor
§ 49-43-38 Records to be kept in safe place–Inspection
§ 49-43-39 Notice of damage to or destruction of warehouse
§ 49-43-40 Inspection of grain warehouses–Subpoena power and examination of witnesses
§ 49-43-41 Provision of requested records–Civil fine
§ 49-43-42 Memorandum of adjustments
§ 49-43-43 Provisions regarding uniform warehouse receipts applicable
§ 49-43-44 Issuance of receipt for goods not actually received or under the warehouse’s control as felony
§ 49-43-45 Issuance of receipt with false statement as misdemeanor
§ 49-43-46 Issuance of duplicate receipt not marked as duplicate prohibited–Exceptions–Violation as felony
§ 49-43-47 Receipt for goods owned by warehouse solely or with another to state ownership–Violation as misdemeanor
§ 49-43-48 Receipt to be obtained at or before delivery of goods from warehouse–Violation as misdemeanor
§ 49-43-49 Negotiation of receipt without disclosing lack of title or existence of lien as misdemeanor
§ 49-43-50 Appeal of commission decision
§ 49-43-51 Falsely weighing agricultural product as misdemeanor
§ 49-43-52 Grain and warehouse fund established
§ 49-43-54 Contract with independent provider to maintain electronic warehouse receipts
§ 49-43-55 Commission approval of independent provider–Revocation of approval
§ 49-43-56 Maintenance of secure electronic central filing system–Promulgation of rules
§ 49-43-57 Depositor right to paper warehouse receipt
§ 49-43-58 Commission access to central filing system–Memorandum of adjustments–Civil penalties
§ 49-43-59 Surrender of electronic warehouse receipt to commission–Grain receivership–Surety bond claim
§ 49-43-60 Independent provider to be authorized to transact business in South Dakota–Jurisdiction–Venue–Liability for costs
§ 49-43-61 Parent company furnishing financial statements responsible for financial obligations of licensed entity
§ 49-43-62 Grain warehouse operator’s financial condition–Notice to commission–Penalty–Civil fine
§ 49-43-63 Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty
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Terms Used In South Dakota Codified Laws > Title 49 > Chapter 43 - Public Grain Warehouses

  • 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.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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.
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Venue: The geographical location in which a case is tried.
  • 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