7-9-21. Liability of register for refusal to record.
If a court determines that the register acted reasonably or in good faith in refusing to record a document that the register believed should not be recorded or a document that the register believed to be a counterfeit lien, the register is not liable for any civil damages resulting from the refusal.
Source: SL 1997, ch 45, ยง3.
Structure South Dakota Codified Laws
Chapter 09 - Register Of Deeds
Section 7-9-1 - Duty to keep records of instruments--Destruction of unneeded records.
Section 7-9-1.1 - Recording, filing, and indexing of records by microfilming or computerization.
Section 7-9-2 - Seal of office--Use on instruments.
Section 7-9-3 - Time of recording.
Section 7-9-4 - Special townsite deed record required.
Section 7-9-5 - Conveyances of platted land not accepted until plat recorded.
Section 7-9-7.1 - Report of information in recorded instruments.
Section 7-9-7.2 - Certificate of value--Form.
Section 7-9-7.3 - State exempt from filing certificate of value.
Section 7-9-8 - Numerical indexes of instruments affecting real property--Form.
Section 7-9-8.1 - Endorsement of date, time, and identifying number--Entry in indexes.
Section 7-9-9 - Alphabetical indexes of instruments affecting real property.
Section 7-9-10 - Monthly report to tax officials of real estate transfers.
Section 7-9-11 - Numbering and alphabetical index of instruments relating to personal property.
Section 7-9-12 - Form of personal property index.
Section 7-9-13 - Continued use of previously authorized register index.
Section 7-9-13.1 - Release of old age assistance liens.
Section 7-9-15 - Fees--Real estate documents to conform to format standards--Exception.
Section 7-9-15.1 - Immunity from personal liability for bad checks.
Section 7-9-16 - Reception record and fee book maintained by register--Entries in record.
Section 7-9-18 - Failure by register to collect, record, report or pay over fees as theft.
Section 7-9-19 - Refusal to record.
Section 7-9-20 - Court action for refusal to record.
Section 7-9-21 - Liability of register for refusal to record.
Section 7-9-22 - Suspicion of counterfeit recorded documents--Notice.
Section 7-9-24 - Electronic preservation of documents.
Section 7-9-25 - County register of deeds modernization and preservation relief fund.