Register of Deeds

*NOTICE*

Register of Deeds: Caryn Hojer

Deputy: Brian Tande

Phone: 605-854-3591

Fax: 605-854-3833

Email: caryn.hojer@state.sd.us

*Email requests will be processed after mail, in-person, and phone requests have been completed

Helpful links:
South Dakota Codified Laws can be referenced at: http://legis.sd.gov/Statutes/Codified_Laws/default.aspx
South Dakota State website: http://sd.gov
South Dakota Department of Vital Records: http://doh.sd.gov/records
SD Birth Record Search – Birth dates over 100 years: http://apps.sd.gov/PH14Over100BirthRec/index.aspx
To file a Fictitious Business Name online with the SD Secretary of State: https://sosenterprise.sd.gov/BusinessServices/Fictitious/FictitiousHome.aspx
South Dakota Association of County Officials website: http://www.sdcounties.org
Kingsbury County Genealogy Society: http://www.itctel.com/kcgs/

Transfer Fee Exemption Statute

SDCL 43-4-22 - Exemptions from real estate transfer fee
The fee imposed by SDCL 43-4-21 does not apply to the transfer of title if:

(1) Recorded before July 1, 1968

(2) By or to the United States of America, this state, or any instrumentality, agency or political subdivision of either;

(3) Solely in order to provide for or to release security for a debt or obligation;

(4) Which confirms or corrects a deed previously executed and recorded;

(5) Between husband and wife, or parent and child with only nominal actual consideration therefor;

(6) On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds issued in foreclosure actions or proceedings or deeds issued in lieu of foreclosure actions or proceedings;

(7) On partition;

(8) Pursuant to any mergers or consolidations of corporations or limited liability companies or plans of reorganization by which substantially all of the assets of corporations or limited liability companies are transferred;

(9) By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock;

(10) Pursuant to decrees of distribution entered in any decedent's estate;

(11) Between an individual grantor, or grantors, and a corporation, where the grantor or grantors and the owner of the majority of the capital stock of the corporation are the same person;

(12) Between any corporation and its stockholders or creditors, or between any limited liability company and its members or creditors, if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title of real property from the corporate entity to the stockholders or creditors;

(13) On cemetery lots and grave sites;

(14) Between an individual grantor, or grantors, and a limited or general partnership if the grantor or grantors and the owner of the majority interest in the limited or general partnership are the same person;

(15) Between a fiduciary and a beneficiary of the fiduciary or between a fiduciary and a third party, if the transfer or conveyance is to accommodate the fiduciary relationship;

(16) Between individuals, regardless of the relationship, if the conveyance is an absolute gift without consideration of any kind in return for the conveyance;

(17) Pursuant to a decree of divorce, annulment or separate maintenance or pursuant to a settlement agreement approved or adopted by a decree of divorce, annulment or separate maintenance;

(18) For which no consideration was given;

(19) Between any limited liability company and its members.

 

Effective July 1, 2010
 

Pursuant to South Dakota Codified Laws 43-28-24  through 43-28-28:
 

The preparer of a document or instrument may not include an individual’s personally identifiable information in any document or instrument that is prepared and presented for recording in the county office of the register of deeds.  This section does not apply to any document or instrument that was executed by an individual prior to July 1, 2010.

These provisions do not apply to a state or federal tax lien or release relating to a state or federal tax lien, a military separation or discharge record, a uniform commercial code filing in the county office of the register of deeds or any governmental certified copy of a document or instrument.

Terms used in this Act mean:

 (1) “Personally identifiable information,” any information that includes one or more of the following specific unique identifiers when combined with an individual’s name:

a.  A social security number.  This term does not, however, include the last four digits of a social security number;

b. Checking, savings, or share account number; or

c. Credit, debit, or charge card number;

(2)  “Preparer,” any person who creates, drafts, edits, revises, or changes the document or instrument that is recorded with the register of deeds.  The term, preparer, does not include any person who hires, requires, refers, pays, or requests that the document or instrument be drafted or recorded.

 The register of deeds may not reject a document or instrument presented for recording solely because the document or instrument fails to comply with SDCL 43-28-24 to 43-28-27.

Mailing Address:

PO Box 146

De Smet, SD 57231

Office Hours:

Monday-Friday 8:00 am-5:00 pm

Closed over noon hour

Closed all State and Federal Holidays