21-19-15. Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption.Failure to claim absolute exemptions shall not constitute a waiver, and no rights whatsoever shall be acquired through or by any levy on property absolutely exempt. But proceedings may be had as provided by this chapter to reach under levy any part of the debtor's homestead which is in excess of the homestead exemption as provided by law. Source: SDC 1939 & Supp 1960, §37.4904.
South Dakota Legal Code