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.
Source: SL 1980, ch 162, §2.
Structure South Dakota Codified Laws
Chapter 10 - Lis Pendens Notice
Section 15-10-2 - Action pending from time of notice--Time allowed for service of summons.
Section 15-10-4 - Discharge of notice of pendency of action--Contents, acknowledgment and recording.
Section 15-10-7 - Expungement of notice of pendency upon motion therefor--Undertaking.
Section 15-10-8 - Expungement of notice of pendency--Notice of motion--Proof considered.
Section 15-10-9 - Expungement of notice of pendency--Effect.
Section 15-10-10 - Expungement of notice of pendency--Costs on grant or denial of motion.
Section 15-10-11 - Expungement provisions, liability unaffected by.