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South Dakota

Summary: On the third Monday of December in each year, between the hours of nine a.m. and four p.m. the treasurer shall offer at public sale at the courthouse, or at the place of holding circuit court in his county, or at the treasurer’s office where by law, the taxes are made payable, all lands, town lots, or other real property which shall be liable for taxes of any description for the preceding year or years, and which shall remain due and unpaid, and he may adjourn the sale from day to day until all the lands, lots, or other real property have been offered. (Sec. 10-23-7). After the tax sale shall have been closed, and after the treasurer has made his return thereto to the county auditor, if any real property remains unsold for want of bidders, the treasurer is authorized and required to sell the same at private sale at his office to any person who will pay the amount of taxes, penalty, and costs thereon for the same, and to deliver to purchasers a certificate as provided by law and to make out duplicate receipts for the taxes on such real estate, and deliver one to the purchaser and the other to the county auditor as in this title provided, with the additional statement inserted in the certificate that such real property has been offered at public sale for taxes but not sold for want of bidders, and in which certificate he is required to write “sold for taxes at private sale (Sec. 10-23-12).

Law: South Dakota Codified Laws, Title 10, Chapter 22 - “Collection Of Delinquent Property Taxes “, Title 10, Chapter 23 - “Sale of Real Property for Taxes and Assessments”, Title 10, Chapter 24 - “Redemption from Tax Sales” and Title 10, Chapter 25 - “Tax Deeds”.
Contact: The County Treasurer. (Sec. 10-22-21).
Interest Rate: 10% per annum. (Sec. 10-23-8 ). More specifically, “no rate of interest higher than ten percent
10% per year is a valid bid pursuant to this section.”
Auction Type: Tax Lien Certificate (Sec. 10-23-18).
Bidding Procedures: Bid down interest rate. (Sec. 10-23-8). Before making a sale of lands and town lots on which taxes have not been paid, the treasurer shall offer each separate tract for sale in the numerical order in which it appears on the tax list and receive bids for it. If any person bids the full amount of the taxes, interest, and costs due on the land or town lots, stating in the bid the lowest rate of interest per year at which the bidder will pay the taxes assessed and due against the land and lots, the treasurer shall sell to that person the land
or town lots and shall issue a certificate of sale to the purchaser. (Sec. 10-23-8). The bid must be for the full amount of the delinquent property taxes, interest, and costs due on the land.

Costs: The county treasurer shall charge and collect, in addition to the taxes and interest and penalty, the sum of four dollars and fifty cents on each tract of real property and on each municipal lot or group of municipal lots advertised for sale (Sec. 10-23-5). The treasurer shall collect five dollars for each certificate, and five dollars for each deed made by him on such sale, and the fee for the notary public or other officer acknowledging the deed or certificate. (Sec. 10-23-19).

Redemption Period: Depending on where the property is located, three (3) or four (4) years. (Sec. 10-25-1). Any person may redeem real property sold for taxes at any time before issue of a tax deed therefor, by paying the treasurer, for the use of the purchaser, his heirs, or assigns, the sum mentioned in the certificate, and interest thereon at the rate at which the real property was sold from the date of purchase, together with all
other taxes subsequently paid, whether for any year or years previous or subsequent to such sale, and interest thereon at the same rate from the date of such payment; and the treasurer shall enter a memorandum of the redemption in the list of sales, and give a receipt therefor to the person redeeming the same, and file a duplicate of the same with the county auditor as in other cases, and hold the money subject to the order of
the purchaser, his agent, or attorney. (Sec. 10-24-1). In the case of any real property sold for taxes and not yet redeemed, the owner or holder of the tax certificate may conduct, or cause to be conducted, proceedings to procure a tax deed thereon, as provided by 10-25-2 to 10-25-12, inclusive, no sooner than three years from the date of the tax sale in the case of real property located within the limits of any municipality, or no sooner than four years from the date of the tax sale in the case of real property located outside the limits of any municipality, or at any time thereafter within six years from the date of the tax sale subject to the provisions of 10-25-16 to 10-25-19, inclusive. Such time period shall apply equally to the county or any other purchaser of the tax certificate; any assignee of a tax certificate shall take the certificate subject to the time period of the first owner of the tax certificate. (Sec. 10-25-1).

Deed Assigned at Foreclosure to: The holder of the tax lien certificate. Immediately after the expiration of sixty days from the date of the filing of affidavit of completed service of the notice provided in 10-25-8, the treasurer then in office shall make out a deed for each lot or parcel of real property sold and remaining unredeemed. Such deed shall be signed by the county treasurer and attested by the county auditor, under seal, and shall be delivered to the purchaser or his assignee upon the return of the certificate of tax sale. The
treasurer shall receive one dollar for each deed made by him on such sales, but any number of parcels of real property bought by one person may be included in one deed, as the holder may desire. (Sec. 10-25-11).

Notes: According to (Sec. 10-23-28.1 New Window) ‘No Sale of tax certificates after July 1, 2006. Notwithstanding the provisions of chapters 10-23, 10-24, and 10-25, no county may sell any tax certificate after July 1, 2006, unless the board of county commissioners adopts a resolution waiving the provisions of this section that prohibit the sale of tax certificates. The county shall be the holder of any tax certificate issued by the county after July 1, 2006, unless the board of county commissioners adopts a resolution waiving the provisions of this section that prohibit the sale of tax certificates. The county treasurer shall continue to serve notice on the owner of record of the real property, publish notice, and attend to the other administrative
provisions imposed by chapter 10-23, 10-24, and 10-25. Nothing in this section affects the holder of any
existing tax certificate, the method in which the tax certificate is redeemed, or the sale of real property for taxes
or assessments’.

Some counties, have adopted a resolution waving the provisions of (Sec. 10-23-28.1 New Window). Such is the case in Pennington County where third-party investors can still purchase tax lien certificates.

 

South Dakota Contacts
number of Counties: 66

Brown County
25 Market Street
Delinquent Property Tax Division
Aberdeen, SD 57401-4224
Phone: (605) 626-7109www.brown.sd.us

Butte County
839 Fifth Ave
Delinquent Property Tax Division
Belle Fourche, SD 57717-1729
Phone: (605) 892-4485

Codington County
14 First Avenue SE
Delinquent Property Tax Division
Watertown, SD 57201-3611
Phone: (605) 882-6297
www.codington.org

Davidson County
200 East 4th Avenue
Delinquent Property Tax Division
Mitchell, SD 57301-2631
Phone: (605) 995-8608
www.davisoncounty.org

Lawrence County
90 Sherman Street
Delinquent Property Tax Division
Deadwood, SD 57732-1468
Phone: (605) 578-1941

Lincoln County
100 East Fifth Street
Delinquent Property Tax Division
Canton, SD 57013-1798
Phone: (605)987-2581

Meade County
1425 Sherman Street
Delinquent Property Tax Division
Sturgis, SD 57785-1454
Phone: (605)347-2360

Minnehaha County
415 N. Dakota Avenue
Delinquent Property Tax Division
Sioux Falls, SD 57104-2412
Phone: (605) 367-4206
www.minnehahacounty.org

Pennington County
315 St. Joseph Street
Delinquent Property Tax Division
Rapid City, SD 57701-2885
Phone: (605) 394-2171
www.co.pennington.sd.us

Yankton County
PO Box 137
Delinquent Property Tax Division
Yankton, SD 57078-0137
Phone: (605) 665-2432