2011 South Dakota Code
Title 43 PROPERTY
Chapter 30. Marketable Title To Real Estate
§16-02. Effect of curative acts.


SD Codified L § 43-30S-16-2 (through 2011) What's This?

16-02. Effect of curative acts. An act, curative of matters of execution, acknowledgment and recording, or procedural omission, irregularities or defects, is presumed to be valid legislation, effectively eliminating objections based upon the imperfections of title which fall within its scope as to subject matter and date, thus avoiding necessity of action to quiet title.

A curative statute purporting to legalize alleged defects in probate proceedings is inoperative as against a claim based upon legal action or proceeding which the record shows was pending at the time the curative statute went into effect, whether or not the curative statute so states.

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