In April 2026, the South Dakota Supreme Court upheld Vivos xPoint's 99‑year bunker leases, allowing the company to enforce community rules and evict tenants.
The company, which bought 575 concrete bunkers built in 1942 for the U.S. Army, markets the empty shells as survival shelters and charges residents up to $55,000 for a 99‑year lease, after which tenants must convert the space into livable accommodations.
The Supreme Court reversed a lower‑court ruling that had deemed the leases illusory, noting that the tenants’ payment of consideration gave the contracts substance. Daniel Sindorf, who signed a lease in July 2020, sued Vivos for rule changes, but the court found the lease enforceable.
Other residents have complained that promised amenities—recreational and commercial spaces—remain unfinished, and Vivos has sued them for breaches. David Streeter, who purchased a bunker in July 2023, contested the company’s septic system and later sued for damages.
Streeter’s confrontation with Vivos employee J.R. Rodriguez in August 2024 escalated into a shooting that left the employee wounded, adding a violent element to the already fraught litigation.
The next hearing on the eviction case is set for June 2027, while Vivos seeks to enforce its rule changes and expand its lease program.