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States › South Dakota › Tax Sale Summary

There are 67 Counties in South Dakota. It became the 40th state on November 2, 1889. The state motto is "Under God the people rule".

Currently, the maximum interest rate being offered to all tax lien certificate investors is 10% with a three year right of redemption for properties located within the municipality or four years for properties located outside of the municipality.

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

Interest Rate: 10% maximum "no rate of interest higher than ten percent 10% per year is a valid bid pursuant to this section (Sec. 10-23-8)."

Auction Type: Tax Lien Certificate (Sec. 10-23-18).

Bidding Procedure: The Entire tract is sold. 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: 3 years for real property located within the limits any municipality or 4 years for real property located outside the limits of any municipality.

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: 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.(10-23-28.1. )

Counties:

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