South Dakota Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment

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Abandonment is the act of intentionally relinquishing, without reservation, a known right without reference to any particular person or purpose. In some jurisdictions, carriers, innkeepers and other designated parties are authorized by statute to sell abandoned or unclaimed freight, baggage or other personal property under specified conditions. These statutes generally require that the property remain unclaimed for a designated period and that notice of the sale be given.


A notice of sale of abandoned property must be given in strict compliance with the terms of the governing statute. Notice of a public sale of unclaimed or abandoned property is typically required to be published in a newspaper of general circulation in the county where the sale is to be held.


Most states have enacted legislation providing for the escheat of abandoned and unclaimed property, or giving custody of such property to the state. These statutes generally set forth procedures, whereby the owner may file a claim and obtain restoration of the property within a designated period of time.

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FAQ

Unclaimed property dormancy is a period of time during which there is no activity from the unclaimed property owner.

Dormancy periods in North Dakota vary by property type. Generally, most property types have a 2 or 3 year dormancy period.

South Dakota Dormancy Periods Generally, most property types have a three-year dormancy period. Accounts are considered dormant if the owner of a property has not indicated any interest in the property or if no contact has been made for the allotted dormancy period for that property.

Codified Laws § 25-7-15. The parent of any child under the age of ten years and any person to whom any such child has been confided for nurture or education who deserts such child in any place with intent to wholly abandon the child, is guilty of a Class 4 felony.

Codified Law 43-32-35 | South Dakota Legislature. 43-32-35. Service animal documentation requirements. The supporting documentation shall confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation.

Greater than $500: Per SDCL § 43-32-26, the property must be stored by the landlord, and the landlord has a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more, the landlord may treat the property as abandoned and dispose of it.

A dormancy period is a specified period of time in which the property owner does not take action on his or her property. The dormancy period, also known as the abandonment period or escheat period, begins on the date of last activity by the owner.

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South Dakota Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment