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South Dakota

South Dakota Codified Laws. Title 43. Property. Chapter 43-41. Lost and Found Property.

Statute Details
Printable Version
Citation: SDCL 43-41-1 - 11

Citation: SD ST 43-41-1 - 11


Last Checked by Web Center Staff: 11/2013

Summary:   These statutes comprise South Dakota's lost property provisions.


Statute in Full:

43-41-1. Obligation of finder of lost thing

43-41-2. Duty of person finding lost personal property other than domestic animal--Advertisement and appraisement

43-41-3. Finder to notify owner

43-41-4. Finder may put thing found in storage

43-41-5. Claimant to prove ownership

43-41-6. Compensation of finder--Necessary expenses--Preservation of lost thing--Reward for keeping

43-41-7. Surrender of thing to finder

43-41-8. Sale by finder of thing found

43-41-9. Manner of selling thing found by finder

43-41-10. Thing intentionally abandoned--Provisions of chapter inapplicable

43-41-11. Disposition of certain abandoned, lost or confiscated bicycles

 

 

43-41-1. Obligation of finder of lost thing

One who finds a thing lost is not bound to take charge of it; but if he does so, he is thenceforward a depository for the owner, with the rights and obligations of a depository for hire.

Source: CivC 1877, § 1064; CL 1887, § 3688; RCivC 1903, § 1384; RC 1919, § 1007; SDC 1939, § 60.0201.

 

43-41-2. Duty of person finding lost personal property other than domestic animal--Advertisement and appraisement

Whenever any person finds any lost personal property, other than a domestic animal, under circumstances which give him knowledge or means of inquiry as to the true owner, he shall forthwith make all reasonable efforts to ascertain and notify such owner; and when such efforts do not result in the discovery of the true owner or when the circumstances do not give him such knowledge or means of inquiry, he shall cause such lost personal property to be advertised, appraised, and otherwise dealt with as provided in chapter 40-29 in the case of an estray.

Source: PolC 1877, ch 34, §§ 17, 21; CL 1887, §§ 2306, 2310; RPolC 1903, §§ 2972, 2976; RC 1919, § 8180; SDC 1939, § 40.1401.

 

43-41-3. Finder to notify owner

If the finder of a thing knows or suspects who is the owner, he must, with reasonable diligence, give such owner notice of the finding; and if such finder fails to do so he is liable in damages to the owner, and has no claim to any reward offered by such owner for the recovery of the thing, or to any compensation for trouble or expenses.

Source: CivC 1877, § 1065; CL 1887, § 3689; RCivC 1903, § 1385; RC 1919, § 1008; SDC 1939, § 60.0202.

 

43-41-4. Finder may put thing found in storage

The finder of a thing may exonerate himself from liability at any time by placing it in storage with any responsible person of good character, at a reasonable expense.

Source: CivC 1877, § 1068; CL 1887, § 3692; RCivC 1903, § 1388; RC 1919, § 1011; SDC 1939, § 60.0205.

 

43-41-5. Claimant to prove ownership

The finder of a thing may, in good faith, before giving it up, require reasonable proof of ownership from any person claiming it.

Source: CivC 1877, § 1066; CL 1887, § 3690; RCivC 1903, § 1386; RC 1919, § 1009; SDC 1939, § 60.0203.

 

43-41-6. Compensation of finder--Necessary expenses--Preservation of lost thing--Reward for keeping

The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it.

Source: CivC 1877, § 1067; CL 1887, § 3691; RCivC 1903, § 1387; RC 1919, § 1010; SDC 1939, § 60.0204.

 

43-41-7. Surrender of thing to finder

The owner of a thing found may exonerate himself from the claims of the finder by surrendering it to him in satisfaction thereof.

Source: CivC 1877, § 1071; CL 1887, § 3695; RCivC 1903, § 1391; RC 1919, § 1014; SDC 1939, § 60.0208.

 

43-41-8. Sale by finder of thing found

The finder of a thing may sell it if it is a thing which is commonly the subject of sale, when the owner cannot with reasonable diligence be found; or being found, refuses upon demand to pay the lawful charges of the finder, in the following cases:

(1) When the thing is in danger of perishing or of losing the greater part of its value; or

(2) When the lawful charges of the finder amount to two-thirds of its value.

Source: CivC 1877, § 1069; CL 1887, § 3693; RCivC 1903, § 1389; RC 1919, § 1012; SDC 1939, § 60.0206.

 

43-41-9. Manner of selling thing found by finder

A sale under the provisions of § 43-41-8 must be made in the same manner as the sale of a thing pledged.

Source: CivC 1877, § 1070; CL 1887, § 3694; RCivC 1903, § 1390; RC 1919, § 1013; SDC 1939, § 60.0207.

 

43-41-10. Thing intentionally abandoned--Provisions of chapter inapplicable

The provisions of this chapter have no application to things which have been intentionally abandoned by their owners.

Source: CivC 1877, § 1072; CL 1887, § 3696; RCivC 1903, § 1392; RC 1919, § 1015; SDC 1939, § 60.0209.

 

43-41-11. Disposition of certain abandoned, lost or confiscated bicycles

If any abandoned, lost, or confiscated bicycle is under the control or care of or has been placed in storage by any local government agency or law enforcement agency and if more than ninety days have passed since the bicycle first came in the possession of the local government agency or law enforcement agency, the bicycle may be donated to a charitable organization, veterans organization, or benevolent organization that is nonprofit and recognized as tax-exempt under section 501(c)(3), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the United States Internal Revenue Code of 1986 as amended to January 1, 2000, for distribution to the public based on need in a manner to be determined by the charitable, veterans, or benevolent organization.

CREDIT(S)

Source: SL 2000, ch 214, § 1.

 

 



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