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SOUTH DAKOTA STATUTES AND CODES

Section 22-11-29 - Offers defined--Counterfeit lien defined.

22-11-29. Offers defined--Counterfeit lien defined. For purposes of § 22-11-28, the term, offers, includes the mailing of the instrument to a public office with the knowledge or belief that the instrument will be filed with, registered, or recorded in, or otherwise become a part of, the records of the public office.
For purposes of § 22-11-28, the term, counterfeit lien, means a lien that:
(1) Is not provided for by a specific state or federal statute;
(2) Does not depend upon the consent of the owner of the property affected for its existence; and
(3) Is not an equitable or constructive lien imposed by a court recognized under the U.S. Constitution, federal laws, or the constitution or laws of this state.

Source: SL 1997, ch 45, § 8; SL 2005, ch 120, § 227.

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