State Public Records Guide
Public Records in South Dakota
Your comprehensive guide to accessing public records in South Dakota under the South Dakota Open Records Law (est. 1939).
Overview of Public Records in South Dakota
South Dakota's Open Records Law provides a straightforward framework for public access to government records. The law declares that any person may obtain copies of all public records. South Dakota's small population and accessible government make records requests generally easier to navigate than in larger states. The state's 66 counties maintain local records through register of deeds and clerk of courts offices. South Dakota's approach emphasizes simplicity and direct access.
Quick Reference: Requesting Records in South Dakota
Response Time
Agencies must respond within a reasonable time. There is no hard statutory deadline expressed in business days, but agencies are expected to provide prompt access without unreasonable delay.
Fees and Costs
Agencies may charge fees based on the actual cost of providing copies. Standard per-page fees are typically $0.10 to $0.25. Agencies must provide an estimate for requests expected to exceed $25 in total costs.
How to Submit a Request
Requests may be made orally or in writing. No specific form or identification is required. The requester need not state a reason or purpose for the records request.
Appeal Process
Requesters may file suit in circuit court to compel disclosure. The court can order release of records and award costs and attorney fees to a prevailing requester.
Types of Public Records Available in South Dakota
Property Records
Property records in South Dakota include deeds, mortgages, liens, plat maps, and property tax assessments. These records document real estate ownership, transfers, and encumbrances. They are typically maintained at the county level and are valuable for researching property history, verifying ownership, and conducting due diligence before purchasing real estate.
How property records work →Voter Registration
Voter registration records in South Dakota contain information about registered voters including names, addresses, party affiliation, and voting history. The availability of voter data varies based on South Dakota election law and may be subject to restrictions on permitted uses and commercial distribution.
Understanding voter records →Court Records
South Dakota court records encompass civil litigation, criminal cases, family law matters, probate proceedings, and small claims cases. These records are maintained by the state judiciary and are generally open to the public, with exceptions for sealed cases, juvenile proceedings, and certain family matters.
Guide to court records →Business Filings
Business filings in South Dakota include articles of incorporation, annual reports, trade name registrations, and UCC filings. These records are maintained by the Secretary of State and provide information about business entities operating in the state, including their registered agents, officers, and current standing.
Searching business records →Vital Records
South Dakota vital records include birth certificates, death certificates, marriage licenses, and divorce decrees. These documents are maintained by the state's vital records office and are essential for establishing identity, proving familial relationships, and handling legal matters such as estate settlements.
Vital records overview →Campaign Finance
Campaign finance records in South Dakota document political contributions, expenditures, and donor information for state and local elections. These records are maintained by the state's election commission or ethics board and are valuable for tracking political spending and identifying donor patterns.
Campaign finance explained →How to Access South Dakota Public Records
To request records in South Dakota, submit a request to the relevant public agency. While written requests are recommended, oral requests are also accepted. There is no specific statutory response deadline, but agencies are expected to respond promptly. South Dakota counties maintain property records through register of deeds offices, and the South Dakota Unified Judicial System provides online case searches. The Secretary of State provides business entity searches online.
Online Access
South Dakota Unified Judicial System provides online court record access. The Secretary of State offers online business entity searches. County directors of equalization provide property tax data.
Key Exemptions and Restrictions in South Dakota
While the South Dakota Open Records Law establishes a strong presumption that government records are open to public inspection, certain categories of information are exempt from disclosure. Understanding these exemptions is important when submitting records requests in South Dakota.
- Records specifically exempted by state or federal law
- Attorney-client privileged records involving government
- Active law enforcement investigation files
- Trade secrets submitted to government agencies
- Individual tax return information
- Personal medical records of individuals
If you believe records have been improperly withheld, South Dakota provides avenues for appeal. Contact the relevant oversight body or consult our guide to filing public records requests for tips on handling denials.
Key Laws and Regulations
South Dakota Open Records Law
Enacted: 1939
South Dakota's Open Records Law is found in South Dakota Codified Laws Chapter 1-27. The law provides that unless specifically exempted, all records of any public entity are open to inspection and copying. South Dakota's law is relatively concise, with a limited number of exemptions. The state does not have a dedicated open records ombudsman or enforcement body.
Key Features of South Dakota's Records Law:
- South Dakota's law is concise and straightforward with limited exemptions
- The state's small population allows for more personalized records access
- South Dakota's trust industry creates unique financial and business records
South Dakota Public Records Facts
South Dakota has 66 counties maintaining local government records
The state has approximately 620,000 registered voters
South Dakota Secretary of State maintains records for over 100,000 business entities
The state's growing trust industry has made it a national center for financial record-keeping
Search South Dakota Public Records
Use OpenDataUSA to find publicly available records across South Dakota. Enter a name below to search public records in SD.
Frequently Asked Questions About South Dakota Public Records
Does South Dakota have a deadline for records requests?
How do I access South Dakota court records?
Are South Dakota property records online?
How do I get South Dakota vital records?
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Additional Resources
Disclaimer: The information on this page is provided for educational purposes and reflects publicly available information about the South Dakota Open Records Law. Laws and procedures change over time. For the most current requirements, contact the relevant oversight agency in South Dakota or consult a legal professional. OpenDataUSA is not a consumer reporting agency as defined by the FCRA. Do not use information obtained from this site for employment, tenant screening, or credit decisions.