South Dakota Codified Laws 43-28-6. Prior recording of instruments validated–Rights barred by no action
The record of any instrument or of a certified copy of any instrument, record, proceeding, entry, order, decree, or appointment which was recorded in the office of any register of deeds prior to January 1, 1992, which would have been eligible for record by virtue of any later amendment of § 43-28-4 as of January 1, 1992, is hereby legalized and shall have the same force and effect as if it had been recorded after the later amendment of § 43-28-4.
If any person has any vested right in any real or personal property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.
Terms Used In South Dakota Codified Laws 43-28-6
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Source: SL 1949, ch 208, § 3; SDC Supp 1960, § 65.0328; SL 1992, ch 307, § 55.