Lien Law Updates for South Dakota Storage Operators
Lien laws play a crucial role in the South Dakota storage industry, governing the rights and responsibilities of both facility operators and tenants. These laws outline the procedures for handling delinquent accounts and the process of auctioning off storage units to recoup unpaid rent. Governor Kristi Noem, from South Dakota, signed SB 75 into law on February 13, 2024, for South Dakota storage auctions. The bill benefits self storage operators by expanding the number of newspapers that can advertise lien sales and defines the term “legal newspaper.”
South Dakota storage operators are required to advertise their lien sales once in a newspaper of general circulation or “legal newspaper” where the self service storage facility is located. The new law places fewer limitations on the newspaper operators can choose, and also removes any questions as to whether a publication meets the required qualifications. The following are some of the conditions that must be met for the newspaper to be legally compliant.
- Intended for distribution to the general public regardless of trade or profession
- Maintain a minimum of 200 paid online subscribers
- Distribute a print edition at least once a week for at least 50 weeks, with a circulation of 500 copies
- Devote at least 25% of its total column space, in at least one-half of its issues in a year to non-paid news content
- Between September and December 31st of each year, must publish either a:
- USPS periodicals-class statement of ownership and circulation or
- The most recent sworn statement by a recognized independent circulation-auditing agency verifying circulation
- Maintain a principal office as indicated on the Annual Report filed with the Secretary of State
It’s important to ensure the newspaper you choose to advertise your lien sale meets these qualifications mentioned prior to publishing. Publishers should be able to provide this information around the circulation and provisions according to § 17-2-2.2 through § 17-2-2.5.
