S.D. Codified Laws § 15-10-6

Current through the 2024 Legislative Session

Section 15-10-6 - Expungement of notice of pendency upon motion therefor-Showing necessary to defeat motion

Any time after the notice of pendency of an action has been filed for record pursuant to § 15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that:

(1) The action does affect the title to the real property described in the notice; and

(2) The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith.

SDCL 15-10-6

SL 1980, ch 162, § 2.