2019 South Dakota Codified Laws
Title 43 - Property
Chapter 30 - Marketable Title To Real Estate
§ 43-30-8.2 Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration.
43-30-8.2. Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration. Notwithstanding the provisions of § 43-30-12, an affidavit filed pursuant to § 43-30-7 shall bar a condition subsequent in a deed as described by this section unless any person claiming an interest in the condition has rerecorded the terms of the condition with the appropriate register of deeds. Such recording shall be valid for ten years and may be rerecorded. This section shall only apply to a condition subsequent in a deed whereby the use or sale of alcoholic beverages, in any manner, would work a forfeiture and automatic reverter of the title of real property containing that condition subsequent to the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns; or would give rise to the right of reentry by the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns, for breach of that condition subsequent.
Source: SL 1976, ch 266, §§ 1, 3.
