15-10-6. Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.Any time after the notice of pendency of an action has been filed for record pursuant to §15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that:(1)The action does affect the title to the real property described in the notice; and(2)The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith. Source: SL 1980, ch 162, §2.
South Dakota Legal Code