Home/South Dakota/Statutes/Title 15: CIVIL PROCEDURE/Ch. 15-2A: LIMITATION OF ACTIONS FOR CONSTRUCTION DEFICIENCIES/§ 15-2A-4
South Dakota Statutes

§ 15-2A-4 — Persons in control of improvement may not assert limitation.

South Dakota § 15-2A-4
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15-2ALIMITATION OF ACTIONS FOR CONSTRUCTION DEFICIENCIES

This text of South Dakota § 15-2A-4 (Persons in control of improvement may not assert limitation.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 15-2A-4 (2026).

Text

The limitation in § 15-2A-3 may not be asserted by way of defense by any person in actual possession and control as owner, tenant or otherwise, of the improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.

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Legislative History

SL 1985, ch 156, § 4.

Nearby Sections

15
§ 15-1-1
Definition of terms.
§ 15-1-2
Civil and criminal remedies not merged.
§ 15-1-3
Time during which action is pending.
§ 15-1-4
Procedure for acquiring signature of judge when no judge available.
§ 15-10-1
Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.
§ 15-10-10
Expungement of notice of pendency--Costs on grant or denial of motion.
§ 15-10-11
Expungement provisions, liability unaffected by.
§ 15-10-2
Action pending from time of notice--Time allowed for service of summons.
§ 15-10-3
Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.
§ 15-10-4
Discharge of notice of pendency of action--Contents, acknowledgment and recording.
§ 15-10-5
Repealed
§ 15-10-6
Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.
§ 15-10-7
Expungement of notice of pendency upon motion therefor--Undertaking.
§ 15-10-8
Expungement of notice of pendency--Notice of motion--Proof considered.
§ 15-10-9
Expungement of notice of pendency--Effect.
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Bluebook (online)
South Dakota § 15-2A-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-2A-4.