2019 South Dakota Codified Laws
Title 43 - Property
Chapter 41B - Uniform Unclaimed Property Act
§ 43-41B-25 Filing claim with administrator--Handling of claims by administrator.
43-41B-25. Filing claim with administrator--Handling of claims by administrator. (a) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.
(b) The administrator shall consider each claim within one hundred eighty days after it is filed and provide notice to the claimant if the claim is denied in whole or in part. The notice may be sent by mail to the last address of the claimant stated in the claim for the receipt of notices. In the alternative, the notice may be sent electronically to the last e-mail address of the claimant or to the e-mail address stated in the claim for the receipt of notices.
If no address for notices is stated in the claim, the notice may be mailed to the last address, or e-mailed to the last e-mail address of the claimant, as stated in the claim. No notice of denial need be given if the claim fails to state either the last mailing or e-mail address to which notices are to be sent or the mailing or e-mail address of the claimant.
(c) If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if the property has been sold by the administrator, together with any additional amount required by § 43-41B- 22.
If the claim is for property that is presumed abandoned under § 43-41B-10 and that was sold by the administrator within one hundred eighty days of confirmed receipt of the property, the amount payable for that claim is the net proceeds of sale. When property is paid or delivered to the administrator under this chapter, the owner is not entitled to receive income or other increments accruing thereafter.
Source: SL 1992, ch 312, § 24; SL 2017, ch 190, § 2, eff. Mar. 10, 2017; SL 2018, ch 258, § 2; SL 2019, ch 194, § 5.
