Section 15-10-6 - Expungement of notice of pendency upon motion therefor--Showing necessary to defeatmotion. - South Dakota Statutes

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.