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S.D. Codified Laws § 21-52-2

Waste restrained during period of redemption--Uses of property not considered waste

Applied in 1 court decision — leading case Gross v. Connecticut Mutual Life Insurance Co. (1985)

Most recently applied in Gross v. Connecticut Mutual Life Insurance Co. (January 1985)

Source: SL 1949, ch 142, § 16; SDC Supp 1960, § 37.5616.

Until the expiration of the time for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor.

It is not waste for the person in possession of the property at the time of the sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used, or in the ordinary course of husbandry; or to use timber or other material on the property for the necessary repair of buildings or fences thereon or fuel for his family while he occupies the property.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.