reglab/housing_qa huggingface dataset:
SD Codified L § 21-10-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-12 - Temporary injunction against house of ill fame--Proof required--Notice to defendant.

21-10-12. Temporary injunction against house of ill fame--Proof required--Notice to defendant.In an action under §21-10-11 the court, or a judge in vacation, shall upon the presentation of a complaint alleging that the nuisance complained of exists, allow a temporary injunction without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise, as the plaintiff may elect that such nuisance exists, unless the court or judge, by previous order, shall have directed the form and manner in which it shall be presented. Three days' notice in writing shall be given the defendant of the hearing of the application, and if then continued at his instance, the temporary injunction shall be granted as a matter of course. Source: SL 1913, ch 123, §2; RC 1919, §2079; SDC 1939 & Supp 1960, §37.4802.
SD Codified L § 21-10-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-13 - Binding effect on defendant of injunction against house of ill fame--Violation as contempt.

21-10-13. Binding effect on defendant of injunction against house of ill fame--Violation as contempt.When an injunction has been granted pursuant to §21-10-12, it shall be binding on the defendant throughout the judicial circuit in which it was issued, and any violation of such injunction shall be a contempt as provided in §21-10-20. Source: SL 1913, ch 123, §2; RC 1919, §2079; SDC 1939 & Supp 1960, §37.4802.
SD Codified L § 21-10-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-14 - Approval required for dismissal of action against house of ill fame--Substitution of parties plaintiff.

21-10-14. Approval required for dismissal of action against house of ill fame--Substitution of parties plaintiff.If the complaint in an action pursuant to §21-10-11 is filed by a citizen, it shall not be dismissed except upon a sworn statement made by the plaintiff and his attorney setting forth the reasons why the action should be dismissed, and the dismissal approved by the state's attorney, in writing, or in open court. If the court is of the opinion that the action ought not to be dismissed, he may direct the state's attorney to prosecute said action to judgment, and if the action is continued more than one term of court, any citizen of the county or the state's attorney may be substituted for the party plaintiff and prosecute said action to judgment. Source: SL 1913, ch 123, §3; RC 1919, §2080; SDC 1939 & Supp 1960, §37.4803.
SD Codified L § 21-10-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-15 - Action against house of ill fame triable at first term of court--Evidence of reputation admissible.

21-10-15. Action against house of ill fame triable at first term of court--Evidence of reputation admissible.An action pursuant to §21-10-11 when brought shall be triable at the first term of court after due and timely service of the notice has been given, and in such action evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of such nuisance. Source: SL 1913, ch 123, §3; RC 1919, §2080; SDC 1939 & Supp 1960, §37.4803.
SD Codified L § 21-10-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-16 - Costs taxable to plaintiff on finding of no reasonable ground.

21-10-16. Costs taxable to plaintiff on finding of no reasonable ground.If an action pursuant to §21-10-11 is brought by a citizen, and the court finds there was no reasonable ground or cause for said action, the costs may be taxed to such citizen. Source: SL 1913, ch 123, §3; RC 1919, §2080; SDC 1939 & Supp 1960, §37.4803.
SD Codified L § 21-10-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-17 - Order of abatement against house of ill fame--Removal and sale of property--Building closed--Use of building as contempt.

21-10-17. Order of abatement against house of ill fame--Removal and sale of property--Building closed--Use of building as contempt.If the existence of the nuisance be established in an action as provided in §21-10-11, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed, he shall be punished as for contempt as provided in §21-10-20. Source: SL 1913, ch 123, §5; RC 1919, §2082; SDC 1939 & Supp 1960, §37.4805.
SD Codified L § 21-10-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-18 - Officer's fees for enforcing order of abatement against house of ill fame--Proceeds of sale of property.

21-10-18. Officer's fees for enforcing order of abatement against house of ill fame--Proceeds of sale of property.For removing and selling the movable property pursuant to §21-10-17, the officer shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution, and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court. The proceeds of the sale of the personal property, as provided in §21-10-17, shall be applied in payment of the costs of the action and abatement, and the balance, if any, shall be paid to the defendant. Source: SL 1913, ch 123, §§5, 6; RC 1919, §§2082, 2083; SDC 1939 & Supp 1960, §37.4805.
SD Codified L § 21-10-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-19 - Release of property to owner on payment of costs and filing of bond--Conditions of bond--Effect of release.

21-10-19. Release of property to owner on payment of costs and filing of bond--Conditions of bond--Effect of release.If the owner appears and pays all costs of the proceeding, and files a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court or, in vacation by the judge, conditioned that he will immediately abate said nuisance and prevent the same from being established or kept therein within a period of one year thereafter, the court or, in vacation the judge, may, if satisfied of his good faith, order the premises closed under the order of abatement to be delivered to said owner, and said order of abatement canceled so far as the same may relate to said property; and if said bond be given and costs therein paid before judgment and order of abatement, the action shall be thereby abated as to said building only. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. Source: SL 1913, ch 123, §7; RC 1919, §2084; SDC 1939 & Supp 1960, §37.4806.
SD Codified L § 21-10-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-20 - Punishment of violations of injunction--Arrest and trial--Penalty.

21-10-20. Punishment of violations of injunction--Arrest and trial--Penalty.In case of the violation of any injunction granted under the provisions of §§21-10-10 to 21-10-19, inclusive, the court, or in vacation a judge thereof, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of courts, an information under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this section shall be guilty of a Class 2 misdemeanor. Source: SL 1913, ch 123, §4; RC 1919, §2081; SDC 1939 & Supp 1960, §37.4804; revised pursuant to SL 1976, ch 158, §43-6.
SD Codified L § 21-10-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-25 - Costs assessed against plaintiff in certain farm operation nuisance actions.

21-10-25. Costs assessed against plaintiff in certain farm operation nuisance actions.If an action pursuant to §21-10-1 is brought against a farm operation existing continuously prior to such action and located within one mile of the boundaries of the land use or occupancy of the plaintiff and the court finds there was no reasonable ground or cause for said action, the costs may be assessed to such plaintiff. Source: SL 1987, ch 161.
SD Codified L § 21-10-25.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-25.1 - State policy to protect agricultural operations from nuisance suits.

21-10-25.1. State policy to protect agricultural operations from nuisance suits.It is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The Legislature finds that when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations, and many persons may be discouraged from making investments in farm improvements. It is the purpose of §§21-10-25.1 to 21-10-25.6, inclusive, to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. Source: SL 1991, ch 183, §1.
SD Codified L § 21-10-25.2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-25.2 - Certain agricultural operations protected--Poultry or livestock operations--Protected status transferable.

21-10-25.2. Certain agricultural operations protected--Poultry or livestock operations--Protected status transferable.No agricultural operation or any of its appurtenances may be deemed to be a nuisance, private or public, by any changed conditions in the locality of the operation or its appurtenances after the facility has been in operation for more than one year, if the facility was not a nuisance at the time the operation began. Any agricultural operation protected pursuant to the provisions of this section may reasonably expand its operation in terms of acres or animal units without losing its protected status if all county, municipal, state, and federal environmental codes, laws, or regulations are met by the agricultural operation. The protected status of an agricultural operation, once acquired, is assignable, alienable, and inheritable. The protected status of an agricultural operation, once acquired, may not be waived by the temporary cessation of farming or by diminishing the size of the operation. The provisions of this section do not apply if a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances. Source: SL 1991, ch 183, §2; SL 1994, ch 162.
SD Codified L § 21-10-25.3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-25.3 - Agricultural operation defined.

21-10-25.3. Agricultural operation defined.As used in §§21-10-25.1 to 21-10-25.6, inclusive, the term "agricultural operation and its appurtenances" includes any facility used in the production or processing for commercial purposes of crops, timber, livestock, swine, poultry, livestock products, swine products, or poultry products. Source: SL 1991, ch 183, §3.
SD Codified L § 21-10-25.4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-25.4 - Damages due to water pollution or land overflow not affected by protected status.

21-10-25.4. Damages due to water pollution or land overflow not affected by protected status.The provisions of §§21-10-25.1 and 21-10-25.2 do not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries sustained by it as a result of the pollution or other change in the quantity or quality of water used by that person, firm, or corporation for private or commercial purposes, or as a result of any overflow of land owned by or in the possession of any such person, firm, or corporation. Source: SL 1991, ch 183, §4.
SD Codified L § 21-10-25.5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-25.5 - Agricultural operation within municipality not protected.

21-10-25.5. Agricultural operation within municipality not protected.The provisions of §§21-10-25.1 and 21-10-25.2 do not apply to any nuisance resulting from an agricultural operation located within the limits of any incorporated municipality on January 1, 1991. Source: SL 1991, ch 183, §5.
SD Codified L § 21-10-25.6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-25.6 - Frivolous action against agricultural operation--Costs and expenses recoverable.

21-10-25.6. Frivolous action against agricultural operation--Costs and expenses recoverable.In any nuisance action brought in which an agricultural operation is alleged to be a nuisance, and which is found to be frivolous by the court, the defendant shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred in his behalf in connection with the defense of such action, together with a reasonable amount for attorney's fees. Source: SL 1991, ch 183, §6.
SD Codified L § 21-10-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-26 - Logging slash defined.

21-10-26. Logging slash defined.For the purposes of this section and §21-10-27, the term "logging slash" is logging debris consisting of treetops, limbs, cull logs, and other separate vegetation remaining after harvest which has no commercial value. Logging slash shall be treated by lopping and scattering the vegetation, by removal from the site or by piling and burning. Standards for lopping and scattering, abandonment, removal, or piling and burning, and procedures for the enforcement of those standards, shall be established by rules promulgated by the Division of Forestry pursuant to chapter 1-26. Source: SL 1989, ch 187, §1; SL 1990, ch 30, §21.
SD Codified L § 21-10-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-27 - Abandonment of logging slash as public nuisance--Penalty.

21-10-27. Abandonment of logging slash as public nuisance--Penalty.The abandonment of untreated logging slash in a timber harvesting operation consisting of ten acres or more is a public nuisance. Abandonment of untreated logging slash in a timber harvesting operation of ten acres or more is a Class 1 misdemeanor. Source: SL 1989, ch 187, §2.
SD Codified L § 21-10-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-28 - Use or operation of sport shooting range.

21-10-28. Use or operation of sport shooting range.The use or operation of a sport shooting range may not be enjoined as a nuisance if the range is in compliance with those statutes, regulations, and ordinances that applied to the range and its operation at the time when the initial operation of the range commenced. The use or operation of a sport shooting range may not be enjoined as a nuisance due to any subsequent change in any local regulation or ordinance pertaining to the normal operation and use of sport shooting ranges. However, if the usage or design of the range results in a significant threat to human life or private habitations, a nuisance is constituted and an injunction may prescribe appropriate relief. Source: SL 1999, ch 113, §1; SL 2013, ch 104, §1, eff. Mar. 21, 2013.
SD Codified L § 21-10-28.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-28.1 - Significant threat to human life or private habitations.

21-10-28.1. Significant threat to human life or private habitations.As used in §21-10-28, a significant threat to human life or private habitations exists, if shots or ricochets from a sport shooting range not infrequently strike or pass over private property which is frequented by persons or where a private habitation exists. A significant threat to human life or private habitations continues to exist unless or until shooting protocols are altered and enforced or the shooting range is redesigned so that shots or ricochets no longer strike or pass over private property as described in this section. Source: SL 2013, ch 104, §2, eff. Mar. 21, 2013.
SD Codified L § 21-10-29 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-29 - Injunction not available to certain adversely affected property owners.

21-10-29. Injunction not available to certain adversely affected property owners.The use or operation of a sport shooting range may not be enjoined as a nuisance by a person who acquires title to real property adversely affected by the normal operation and use of a sport shooting range which commenced operation prior to the time the person acquired title. Source: SL 1999, ch 113, §2.
SD Codified L § 21-10-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-30 - Recovery based on negligence or willful or wanton misconduct not precluded.

21-10-30. Recovery based on negligence or willful or wanton misconduct not precluded.The provisions of §§21-10-28 to 21-10-34, inclusive, do not apply to any recovery for any act or omission relating to the operation or use of any sport shooting range based on negligence or willful or wanton misconduct. Source: SL 1999, ch 113, §3.
SD Codified L § 21-10-31 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-31 - Provisions inapplicable where substantial change in primary use has occurred.

21-10-31. Provisions inapplicable where substantial change in primary use has occurred.The provisions of §§21-10-28 to 21-10-34, inclusive, do not apply if there has been a substantial change in the primary use of a sport shooting range. Source: SL 1999, ch 113, §4.
SD Codified L § 21-10-32 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-32 - Regulation of sport shooting ranges not prohibited.

21-10-32. Regulation of sport shooting ranges not prohibited.Sections 21-10-28 to 21-10-34, inclusive, do not prohibit a local government from regulating the location and construction of sport shooting ranges after July 1, 1999. Source: SL 1999, ch 113, §5.
SD Codified L § 21-10-33 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-33 - Sport shooting range defined.

21-10-33. Sport shooting range defined.For the purposes of §§21-10-28 to 21-10-34, inclusive, a sport shooting range is an area designed and operated for the use of rifles, shotguns, or pistols as a means of silhouette, skeet, trap, black powder, or other sport shooting. A sport shooting range includes any shooting range located on public or private land or operated by a private entity or by a public entity, and includes a law enforcement shooting range. Source: SL 1999, ch 113, §6; SL 2013, ch 104, §3, eff. Mar. 21, 2013.
SD Codified L § 21-10-34 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-34 - Prospective application of §§ 21-10-28 to 21-10-33.

21-10-34. Prospective application of §§21-10-28 to 21-10-33.The provisions of §§21-10-28 to 21-10-34, inclusive, apply prospectively and do not apply to any action filed before July 1, 1999. Source: SL 1999, ch 113, §7.
SD Codified L § 21-11-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 11 - Revision Of Contracts|Section 21-11-1 - Fraud or mistake as ground for revision.

21-11-1. Fraud or mistake as ground for revision.When through fraud or mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value. Source: CivC 1877, §2004; CL 1887, §4637; RCivC 1903, §2349; RC 1919, §2020; SDC 1939 & Supp 1960, §37.0601.
SD Codified L § 21-11-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 11 - Revision Of Contracts|Section 21-11-2 - Presumption of intent to make equitable agreement.

21-11-2. Presumption of intent to make equitable agreement.For the purpose of revising a contract it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement. Source: CivC 1877, §2005; CL 1887, §4638; RCivC 1903, §2350; RC 1919, §2021; Supreme Court Rule 563, 1939; SDC 1939 & Supp 1960, §37.0603.
SD Codified L § 21-11-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 11 - Revision Of Contracts|Section 21-11-3 - Intent considered in revising instrument--Court not restricted by language.

21-11-3. Intent considered in revising instrument--Court not restricted by language.In revising a written instrument, the court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be. Source: CivC 1877, §2006; CL 1887, §4639; RCivC 1903, §2351; RC 1919, §2022; Supreme Court Rule 562, 1939; SDC 1939 & Supp 1960, §37.0602.
SD Codified L § 21-11-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 11 - Revision Of Contracts|Section 21-11-4 - Revision and specific enforcement in combined or separate proceedings.

21-11-4. Revision and specific enforcement in combined or separate proceedings.A contract may be revised and specifically enforced in one proceeding or in separate proceedings. Source: CivC 1877, §2007; CL 1887, §4640; RCivC 1903, §2352; RC 1919, §2023; SDC 1939 & Supp 1960, §37.0604.
SD Codified L § 21-12-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 12 - Rescission Of Contracts|Section 21-12-1 - Grounds for rescission.

21-12-1. Grounds for rescission.The rescission of a written contract may be adjudged on the application of a party aggrieved:(1)In any of the cases mentioned in §53-11-2;(2)Where the contract is unlawful, for causes not apparent upon its face, and the parties were not equally in fault;(3)When the public interest will be prejudiced by permitting it to stand. Source: CivC 1877, §2008; CL 1887, §4641; RCivC 1903, §2353; RC 1919, §2024; SDC 1939 & Supp 1960, §37.0701.