South Dakota Codified Laws
Chapter 30 - Marketable Title To Real Estate
Section 43-30-9 - Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.

43-30-9. Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.
No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for the purpose only of slandering title to such land, he shall award the plaintiff all the costs of such action, including attorney fees to be fixed and allowed to the plaintiff by the court, and all damages that plaintiff may have sustained as the result of such notice of claim having been filed for record.

Source: SL 1947, ch 233, §9; SL 1951, ch 256, §9; SDC Supp 1960, §51.16B09.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 30 - Marketable Title To Real Estate

Section 43-30-1 - Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions.

Section 43-30-2 - Definitions--Unbroken chain of title to an interest in land--Title transaction.

Section 43-30-3 - Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.

Section 43-30-4 - Filing of notice of claim of interest--Persons authorized to file.

Section 43-30-5 - Notice of claim of interest--Filing for record.

Section 43-30-6 - Acceptance of notice of claim of interest for filing by register of deeds--Entering and recording--Indexing of notices.

Section 43-30-7 - Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property.

Section 43-30-8 - Record of affidavit of possession--Evidence of facts stated.

Section 43-30-8.2 - Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration.

Section 43-30-9 - Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.

Section 43-30-10 - Purpose of chapter--Construction.

Section 43-30-11 - Claims barred by chapter--Definition.

Section 43-30-12 - Exceptions to application of chapter.

Section 43-30-13 - Right, title, or interest of state or United States unaffected by chapter.

Section 43-30-14 - Right, title, or interest in land owned by public utility unaffected by chapter.

Section 43-30-15 - Existing statutes of limitations and recording statutes not affected by chapter.

Section 43-30-16 - Railroad property conveyances to or by state exempt from plat requirements--Filing map.

Section 43-30-17 - Certain property conveyances under Water Resources Development Act exempt from plat requirements--Filing of survey references, maps, etc.

Appendix A - Appendix