S.D. Codified Laws § 43-2B-5
This is the official text of S.D. Codified Laws § 43-2B-5, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Enforcement--Interest forfeiture or termination--Venue--Time to bring action--Judgment--Lis pendens
Official statutory text
The attorney general shall enforce the provisions of this chapter. Any real property interest owned in violation of this chapter must be forfeited to the state or terminated, as applicable.
Upon substantiation of an allegation that a prohibited entity holds an interest in this state in violation of this chapter, the attorney general may commence an action, in the circuit court for the county in which the real property is located, for forfeiture or termination of the interest.
The court may not order forfeiture or termination of the interest unless the action is brought within three years after evidence of the violation is referred to the attorney general.
If the court finds that the interest is held in violation of this chapter, the court must:
(1) Enter a judgment declaring the prohibited entity's interest void as of the date of the judgment; and
(2) Order that the interest be forfeited or terminated, as applicable;
If the court orders forfeiture of the interest, the court must enter a judgment directing the attorney general to sell the property and specifying that the sale is for the benefit of the person that held the interest immediately before entry of the judgment, subject to the distribution of proceeds pursuant to § 43-2B-6 .
Upon commencing an action pursuant to this section, the attorney general shall cause a notice of lis pendens to be recorded with the register of deeds for the county in which the interest is located.
Source: SL 2026, ch 177, § 5.
Upon substantiation of an allegation that a prohibited entity holds an interest in this state in violation of this chapter, the attorney general may commence an action, in the circuit court for the county in which the real property is located, for forfeiture or termination of the interest.
The court may not order forfeiture or termination of the interest unless the action is brought within three years after evidence of the violation is referred to the attorney general.
If the court finds that the interest is held in violation of this chapter, the court must:
(1) Enter a judgment declaring the prohibited entity's interest void as of the date of the judgment; and
(2) Order that the interest be forfeited or terminated, as applicable;
If the court orders forfeiture of the interest, the court must enter a judgment directing the attorney general to sell the property and specifying that the sale is for the benefit of the person that held the interest immediately before entry of the judgment, subject to the distribution of proceeds pursuant to § 43-2B-6 .
Upon commencing an action pursuant to this section, the attorney general shall cause a notice of lis pendens to be recorded with the register of deeds for the county in which the interest is located.
Source: SL 2026, ch 177, § 5.
Status: in_force · Read it on the official government site
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