15-10-7. Expungement of notice of pendency upon motion therefor--Undertaking.
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 may, upon motion of a party to the action supported by affidavit, order that the notice be expunged if the moving party gives an undertaking, in such amount and within such time as is fixed by the court after notice and hearing. The undertaking shall require the moving party to indemnify the party who recorded the notice for all damages which he may incur:
(1)If the notice is expunged and the moving party does not prevail; and
(2)If the court finds that adequate relief can be secured to the party recording the notice by the giving of the undertaking.
Source: SL 1980, ch 162, §3.
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.