South Dakota Statutes
§ 21-52-2 — Waste restrained during period of redemption--Uses of property not considered waste.
South Dakota § 21-52-2
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-52REDEMPTION FROM SALE ON EXECUTION OR FORECLOSURE
This text of South Dakota § 21-52-2 (Waste restrained during period of redemption--Uses of property not considered waste.) 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 § 21-52-2 (2026).
Text
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.
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Related
Gross v. Connecticut Mutual Life Insurance Co.
361 N.W.2d 259 (South Dakota Supreme Court, 1985)
Legislative History
SL 1949, ch 142, § 16; SDC Supp 1960, § 37.5616.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-52-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-52-2.