An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The South Dakota General Form of Complaint, Petition, or Declaration for Enactment is a legal document used to initiate a lawsuit seeking to regain possession of a property from a tenant or occupant who is unlawfully residing there. This form serves as a formal complaint that states the specific reasons and circumstances under which the plaintiff is seeking to evict the defendant. Keywords: South Dakota, General Form of Complaint, Petition, Declaration, Enactment, legal document, initiate, lawsuit, possession, property, tenant, occupant, unlawfully, residing, complaint, reasons, circumstances, evict, defendant. Different Types of South Dakota General Form of Complaint, Petition, or Declaration for Enactment: 1. Residential Enactment: This type of eviction applies to cases where the property in question is a residential dwelling, such as apartments, houses, or mobile homes. The form will require specific information regarding the tenant, lease agreement details, and the reasons for seeking eviction. 2. Commercial Enactment: When the property involved in the eviction is a commercial space, such as a retail store, office, or warehouse, this specific type of General Form will be used. It may include additional sections for commercial lease agreement details, applicable business laws, and the grounds for eviction. 3. Agricultural Enactment: In cases where the property is used for agricultural purposes, such as farmland or livestock operations, a specialized General Form may be employed. This version of the form will cover specific agricultural laws, lease agreements related to farming, and the reasons for evicting the occupants. 4. Unlawful Detained: This type of General Form is used in instances where a tenant or occupant is unlawfully residing in a property without the permission or legal right to do so. It includes detailed information about how the defendant's occupancy violates the law and asks the court to order their removal. 5. Emergency Enactment: In urgent situations requiring immediate eviction, an Emergency Enactment General Form is utilized. This form is used when there are circumstances that pose an imminent threat to safety or property, such as illegal activities or significant property damage. It is essential to consult legal professionals or the South Dakota State Court's website to ensure the correct and updated version of the General Form of Complaint, Petition, or Declaration for Enactment is used in accordance with state laws and regulations.
