There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 43-41B-26 — Claim of another state to recover property--Procedure.
43-41B-26. Claim of another state to recover property--Procedure. (a) At any time after property has been paid or delivered to the administrator under this chapter another state may recover the property if:
(1) The property was subjected to custody
by this state because the records of the holder did not reflect the
last known address of the apparent owner when the property was
presumed abandoned under this chapter, and the other state
establishes that the last known address of the apparent owner or
other person entitled to the property was in that state and under
the laws of that state the property escheated to or was subject to
a claim of abandonment by that state;
(2) The last known address of the apparent
owner or other person entitled to the property, as reflected by the
records of the holder, is in the other state and under the laws of
that state the property has escheated to or become subject to a
claim of abandonment by that state;
(3) The records of the holder were
erroneous in that they did not accurately reflect the actual owner
of the property and the last known address of the actual owner is
in the other state and under the laws of that state the property
escheated to or was subject to a claim of abandonment by that
state;
(4) The property was subjected to custody
by this state under subdivision 43-41B-3(6) and under the laws of
the state of domicile of the holder the property has escheated to
or become subject to a claim of abandonment by that state;
or
(5) The property is the sum payable on a
travelers check, money order, or other similar instrument that was
subjected to custody by this state under § 43-41B-4, and
the instrument was purchased in the other state, and under the laws
of that state the property escheated to or became subject to a
claim of abandonment by that state.
(b) The
claim of another state to recover escheated or abandoned property
must be presented in a form prescribed by the administrator, who
shall decide the claim within ninety days after it is presented.
The administrator shall allow the claim if he determines that the
other state is entitled to the abandoned property under subsection
(a).
(c) The
administrator shall require a state, before recovering property
under this section, to agree to indemnify this state and its
officers and employees against any liability on a claim for the
property.
Source: SL 1992, ch 312, § 25.
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