State of South Dakota  
EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,  2007
 

556N0515  
SENATE BILL   NO.     126  

Introduced by:     Senators Hanson (Gary), Heidepriem, Lintz, McNenny, Nesselhuf, and Peterson (Jim) and Representatives Rhoden, Halverson, Hargens, Lucas, Moore, Pitts, Sigdestad, Street, and Vehle  


         FOR AN ACT ENTITLED, An Act to  provide a defense of mutual mistake to certain adverse possession claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 15-3 be amended by adding thereto a NEW SECTION to read as follows:
     No person claiming title to real property by adverse possession may prevail against an owner of record if:
             (1)    The adverse possessor was the owner of property directly bordering property of the owner of record; and
             (2)    The possession and dominion exercised by the adverse possessor extended uniformly along the boundary line in a manner indicating that the two parties were mutually mistaken about the location of the actual boundary line between the properties.
     The provisions of this section do not apply to platted land or to parcels of real property within the boundaries of a municipality.


250 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.038 per page.
 
.   Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.