South Dakota § 43-2B-5 - Enforcement--Interest forfeiture or termination--Venue--Time to bring action--Judgment--Lis pendens.
Full text of South Dakota South Dakota Codified Laws § 43-2B-5 — Enforcement--Interest forfeiture or termination--Venue--Time to bring action--Judgment--Lis pendens., with citation guidance and answers to common questions.
§ 43-2B-5. Enforcement--Interest forfeiture or termination--Venue--Time to bring action--Judgment--Lis pendens.
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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 43-2B-5
What does South Dakota Codified Laws § 43-2B-5 cover?
Section 43-2B-5 ("Enforcement--Interest forfeiture or termination--Venue--Time to bring action--Judgment--Lis pendens.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 43-2B-5?
A common citation format is "South Dakota Codified Laws § 43-2B-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 43-2B-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.