South Dakota § 34A-13-10 Avoidance of liability by conveyance or agreement prohibited--Exceptions.

South Dakota Statutes

§ 34A-13-10 — Avoidance of liability by conveyance or agreement prohibited--Exceptions.

South Dakota § 34A-13-10

Title 34AENVIRONMENTAL PROTECTION

Ch. 34A-11PETROLEUM INSPECTION AND RELEASE COMPENSATION

This text of South Dakota § 34A-13-10 (Avoidance of liability by conveyance or agreement prohibited--Exceptions.) 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 § 34A-13-10 (2026).

Text

No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement. However, the provisions of this chapter do not:

(1)Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability;

(2)Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or (3) Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.

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No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement. However, the provisions of this chapter do not: (1) Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability; (2) Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or (3) Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.