reglab/housing_qa huggingface dataset:
SD Codified L § 40-28-2 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-2 - Castration lawful for adult male animal running at large--Liability for unauthorized castration.

40-28-2. Castration lawful for adult male animal running at large--Liability for unauthorized castration.It shall be lawful for any person to castrate or cause to be castrated any animal described in §40-28-1 found running at large; but if any person shall castrate any stallion, bull, ram, or boar, and it shall be proved that such animal was not of a class of stock prohibited from running at large by §40-28-1, such person shall be liable for damages to the amount of the value of such animal so castrated. Source: SDC 1939, §40.1311.
SD Codified L § 40-28-3 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-3 - Running at large defined.

40-28-3. Running at large defined.For the purpose of §§40-28-1 and 40-28-2 the term "running at large" shall mean intentionally left outside of the inclosure of a legal fence, and off of the lands owned or controlled by the owner of such animal. Source: SDC 1939, §40.1311.
SD Codified L § 40-28-4 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-4 - Liability for trespass by livestock--Exception where fence inadequate.

40-28-4. Liability for trespass by livestock--Exception where fence inadequate.Except as in this chapter otherwise provided, any person owning or having charge or possession of any buffalo, horses, mules, cattle, goats, sheep, or swine that trespass upon the land, either fenced or unfenced, owned by or in possession of any person, or being cropped by any person injured by such trespass, is liable to any such person injured for all damages sustained by reason of the trespass. No person is liable under this chapter if the person injured has maintained an inadequate partition fence and notice thereof has been given pursuant to §43-23-5 or if the person is not required to build the fence because of frozen earth pursuant to §43-23-7. Source: CCivP 1877, §747; SL 1883, ch 115, §1; SL 1885 (Spec. Laws), ch 17, §§4, 5; CL 1887, §5569; RCCivP 1903, §§817, 829, 830; SL 1907, ch 244, §1; RC 1919, §§2921, 2922; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401; SL 1978, ch 286; SL 2001, ch 224, §1.
SD Codified L § 40-28-5 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-5 - Trespass liability not applicable to unfenced lands within national forests.

40-28-5. Trespass liability not applicable to unfenced lands within national forests.No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of the trespass enclosed by a legal fence, as defined in §§43-23-3 and 43-23-4. Source: SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401; SL 2001, ch 224, §2.
SD Codified L § 40-28-6 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-6 - Notice to livestock owner of injury from trespass.

40-28-6. Notice to livestock owner of injury from trespass.The person claiming injury from trespass of livestock, before commencing action thereon shall notify the owner or person having in charge such livestock, of the injury and probable amount of the damages, provided he knows to whom such livestock belongs. Source: CCivP 1877, §749; SL 1885 (Spec. Laws), ch 17, §6; CL 1887, §5571; RCCivP 1903, §§819, 831; SL 1907, ch 244, §3; RC 1919, §2923; SDC 1939 & Supp 1960, §37.2402.
SD Codified L § 40-28-7 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-7 - Retention of trespassing livestock until damages paid.

40-28-7. Retention of trespassing livestock until damages paid.Any person suffering injury from trespass of livestock may retain and keep in custody such offending animal or animals until the damages and costs are paid, or until good and sufficient security be given for the same. Source: CCivP 1877, §750; SL 1885 (Spec. Laws), ch 17, §7; CL 1887, §5572; RCCivP 1903, §§820, 832; SL 1907, ch 244, §4; SL 1917, ch 371; RC 1919, §2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
SD Codified L § 40-28-8 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-8 - Notice to owner of seizure of trespassing animals.

40-28-8. Notice to owner of seizure of trespassing animals.Whenever any animal or animals are restrained under §40-28-7, the person restraining the same shall forthwith notify the owner or person in whose custody the same were at the time the trespass was committed, of the seizure thereof, providing the owner or person who had the same in charge is known to the person making said seizure. Source: CCivP 1877, §750; SL 1885 (Spec. Laws), ch 17, §7; CL 1887, §5572; RCCivP 1903, §§820, 832; SL 1907, ch 244, §4; SL 1917, ch 371; RC 1919, §2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
SD Codified L § 40-28-9 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-9 - Security given by owner for release of trespassing animals held for damages.

40-28-9. Security given by owner for release of trespassing animals held for damages.The security required by §40-28-7 shall be in the form of a bond or other undertaking, signed by the owner of the trespassing animal or animals and shall run to the person claiming damages. The bond or other undertaking shall be for twice the amount of damages claimed and in no case less than one hundred dollars. Source: SL 1917, ch 371; RC 1919, §2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403; SL 1983, ch 290, §1.
SD Codified L § 40-28-10 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-10 - Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee.

40-28-10. Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee.If the person aggrieved is not satisfied with the sufficiency of the bond and the parties cannot agree, a bond shall be furnished and shall be approved by the sheriff and after his approval the person holding the trespassing animal or animals is required to turn them over to the owner. Failure to do so makes him a trespasser. The owner of the trespassing animal or animals shall pay the sheriff five dollars for approving the bond and the owner shall be taxed with the costs if a suit is instituted later. Source: SL 1917, ch 371; RC 1919, §2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403; SL 1983, ch 290, §2.
SD Codified L § 40-28-11 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-11 - Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff to take possession and care for animals.

40-28-11. Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff to take possession and care for animals.If the owner or person who formerly had the animals in charge is unknown, or if he neglects or refuses for three days after receiving notice as provided in §40-28-8 to take up the animals or to furnish the bond provided for in §40-28-9, then the person restraining the animals may, instead of retaining them in his own custody, notify the sheriff of the county in which the animals were taken. It is the duty of the sheriff, within three days after receiving notice, to take the offending animals into his possession and to handle them in the same manner as estray animals under the provisions of chapter 40-29. Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403; SL 1983, ch 290, §3.
SD Codified L § 40-28-12 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-12 - Sheriff's lien for expenses.

40-28-12. Sheriff's lien for expenses.The sheriff has a lien upon animals taken into his possession pursuant to §40-28-11 for the expenses incurred by him as outlined in chapter 40-29. Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403; SL 1983, ch 290, §4.
SD Codified L § 40-28-13 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-13 - Unauthorized taking of animal from person with lawful possession as misdemeanor.

40-28-13. Unauthorized taking of animal from person with lawful possession as misdemeanor.Every person who takes or attempts to take any animal, restrained under the provisions of this chapter, from the possession of the person having the same in charge, without the consent of such person, except by due course of law, is guilty of a Class 2 misdemeanor. Source: SL 1885 (Spec. Laws), ch 17, §12; RCCivP 1903, §837; SL 1907, ch 244, §9; RC 1919, §2928; SDC 1939 & Supp 1960, §37.9904; SL 1977, ch 190, §531.
SD Codified L § 40-28-14 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-14 - Recovery of animals from sheriff by giving bond and paying costs.

40-28-14. Recovery of animals from sheriff by giving bond and paying costs.The owner or person having in charge animals taken into the sheriff's possession pursuant to §40-28-11 may recover the same from the sheriff at any time before the sale by paying all damages and costs or by furnishing to the sheriff the bond provided for in §40-28-9 and at the time of furnishing such bond, paying to the sheriff the costs and disbursements already incurred. Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
SD Codified L § 40-28-15 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-15 - Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.

40-28-15. Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.If possession of animals taken into the sheriff's possession pursuant to §40-28-11 shall not be recovered from the sheriff by the owner or person who had the same in charge as provided in §40-28-14, within three days after such taking, then the sheriff shall forthwith proceed to foreclose the lien provided by §40-28-12 by a sale of the animals taken, upon the notice and in the manner provided by law for the foreclosure of chattel mortgages. If the owner or person having such animals in charge is known, such sale may be had upon three days' notice to be given by the sheriff to such owner or person having such animals in charge and to any person or persons holding a lien of record against such animals, such notices to be served in the same manner as provided for service of summons in civil actions. Source: SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
SD Codified L § 40-28-16 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-16 - County reimbursement of sheriff for costs not recovered from sale--Recovery from owner of animals.

40-28-16. County reimbursement of sheriff for costs not recovered from sale--Recovery from owner of animals.If the proceeds of a sale pursuant to §40-28-15 shall be insufficient to reimburse the sheriff for his costs and disbursements as provided in §40-28-12, then the county shall reimburse the sheriff for such costs and disbursements as he may have expended in the taking, caring for, and sale of the animals in excess of the amount received from such sale, and the county may recover in a civil action, any amount so expended by it from the owner or person having such animals in charge at the time of such taking. Source: SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
SD Codified L § 40-28-17 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-17 - Actions by county and landowner for costs and damages--Application of proceeds of sale.

40-28-17. Actions by county and landowner for costs and damages--Application of proceeds of sale.The county and the person suffering damage from such trespass may sue jointly or severally for their several costs, expenses, and damages; provided that the receipts of the sale shall be applied in the following manner: first, in payment of costs, expenses, and disbursements of the sheriff and any remainder shall be paid to the clerk of the circuit court to be applied upon the payment of any judgment thereafter secured by the person suffering damage, provided that such action shall be brought in the proper court within sixty days from the date of such sale. Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
SD Codified L § 40-28-18 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-18 - Civil action for damages from trespassing animals--Venue--Procedure.

40-28-18. Civil action for damages from trespassing animals--Venue--Procedure.Damages under §40-28-4 may be recovered in a civil action, in any court having jurisdiction thereof in the county where such damage may have occurred, and the proceedings shall be the same as in other civil actions, except as modified in this chapter. Source: CCivP 1877, §747; SL 1883, ch 115, §1; SL 1885 (Spec. Laws), ch 17, §5; CL 1887, §5569; RCCivP 1903, §§817, 829, 830; SL 1907, ch 244, §1; RC 1919, §2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401.
SD Codified L § 40-28-20 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-20 - Limitation of actions for damages.

40-28-20. Limitation of actions for damages.Any person seeking to recover damages pursuant to §40-28-18 shall file suit no later than one year after the trespass occurred or six months after he knew or should have known of the injury resulting from the trespass. Source: SL 1883, ch 115, §1; CL 1887, §5569; RCCivP 1903, §817; SL 1907, ch 244, §1; RC 1919, §2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401; SL 1991, ch 336.
SD Codified L § 40-28-21 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-21 - Surplus proceeds of sale--Disposition.

40-28-21. Surplus proceeds of sale--Disposition.If the person suffering damage fails to bring an action within the time required or if there is a surplus remaining after the satisfaction of the judgment, the proceeds of a sale pursuant to §40-28-15 shall be paid by the clerk of courts to the owner of the animals. If the owner of the animals fails to claim the proceeds within six months, the money shall be paid over to the county treasurer and credited to the school fund of the county and shall be accounted for and expended as other school money. Source: SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403; SL 1983, ch 290, §5.
SD Codified L § 40-28-22 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-22 - Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.

40-28-22. Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.If upon the trial of an action brought under §40-28-18 it appears that the defendant is not the owner or person in charge of such offending animal or animals, the action shall be dismissed, and such animal or animals shall be held and considered as estrays and the person claiming damage shall be governed by the provisions of this code relating to estrays. Source: CCivP 1877, §752; SL 1885 (Spec. Laws), ch 17, §10; CL 1887, §5574; RCCivP 1903, §§822, 835; SL 1907, ch 244, §6; SL 1917, ch 372, §1; RC 1919, §2926; SDC 1939 & Supp 1960, §37.2405.
SD Codified L § 40-28-23 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-23 - Damages and expenses recovered by landowner.

40-28-23. Damages and expenses recovered by landowner.Upon the trial of an action under the provisions of this chapter, the plaintiff shall recover the amount of damages sustained and the expenses of keeping the trespassing animal or animals during the time he has restrained and retained the custody thereof. Source: CCivP 1877, §751; SL 1885 (Spec. Laws), ch 17, §9; CL 1887, §5573; RCCivP 1903, §§821, 834; SL 1907, ch 244, §5; RC 1919, §2925; SDC 1939 & Supp 1960, §37.2406.
SD Codified L § 40-28-24 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-24 - Judgment against plaintiff when no damage sustained.

40-28-24. Judgment against plaintiff when no damage sustained.If it shall appear upon the trial of an action under the provisions of this chapter that no damage was sustained, judgment shall be rendered against the plaintiff for cost of suit and damage sustained by defendant. Source: CCivP 1877, §751; CL 1887, §5573; RCCivP 1903, §821; SL 1907, ch 244, §5; RC 1919, §2925; SDC 1939 & Supp 1960, §37.2406.
SD Codified L § 40-28-25 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-25 - Judgment as lien on trespassing animals.

40-28-25. Judgment as lien on trespassing animals.Any judgment rendered in an action under the provisions of this chapter shall be a lien upon such animals and the same may be sold and the proceeds applied to the satisfaction of the judgment as in other cases of sale of personal property on execution. Source: CCivP 1877, §751; SL 1885 (Spec. Laws), ch 17, §9; CL 1887, §5573; RCCivP 1903, §§821, 834; SL 1907, ch 244, §5; RC 1919, §2925; SDC 1939 & Supp 1960, §37.2406.
SD Codified L § 40-28-26 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 28 - Damage By Animals Trespassing Or Running At Large|Section 40-28-26 - Exemptions limited to absolute exemptions.

40-28-26. Exemptions limited to absolute exemptions.No property shall be exempt from seizure and sale under executions issued upon any judgment obtained under or by virtue of this chapter except such as is absolutely exempt. Source: CCivP 1877, §747; SL 1883, ch 115, §1; CL 1887, §5569; RCCivP 1903, §817; SL 1907, ch 244, §1; RC 1919, §2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401.
SD Codified L § 40-29-24 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 29 - Estrays|Section 40-29-24 - Report by person taking up estray--Violation as misdemeanor.

40-29-24. Report by person taking up estray--Violation as misdemeanor.Any person taking up an estray shall provide a written description of the estray and report where the estray was found within ten days thereafter to the county sheriff or the State Brand Board. Any person who fails to notify the sheriff or the board is guilty of a Class 1 misdemeanor. Source: SL 1988, ch 328, §115.
SD Codified L § 40-29-25 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 29 - Estrays|Section 40-29-25 - Sale of estray--Disposition of proceeds.

40-29-25. Sale of estray--Disposition of proceeds.If the animal is determined to be an estray by the sheriff or the board, it shall be promptly sold through the most convenient livestock auction market. The net proceeds of such sale shall be paid to the board to be placed into the brand inspection and theft prevention fund. If ownership of the estray is not determined within one year from the date the estray was found the net proceeds of the sale of the estray shall escheat to the South Dakota livestock ownership inspection and theft prevention fund. Source: SL 1988, ch 328, §116.
SD Codified L § 40-29-26 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 29 - Estrays|Section 40-29-26 - Claim for expense of feeding and keeping estray--Liability for loss of estray.

40-29-26. Claim for expense of feeding and keeping estray--Liability for loss of estray.Any person who finds an estray may within a period of one year from the date the estray is found, file a claim with the board for the expense incurred in feeding and keeping such estray if he reported the estray pursuant to §40-29-24. If such claim is filed, the board shall determine the validity of the claim filed. If any estray shall, without the fault of the person taking up the animal, die or be stolen or escape and wander away, the person taking up the animal may not be held responsible therefor. Source: SL 1988, ch 328, §117.
SD Codified L § 40-31-1 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 31 - American Dairy Association Of South Dakota|Section 40-31-1 - Definition of terms.

40-31-1. Definition of terms.Terms used in this chapter mean:(1)"Association," the American Dairy Association of South Dakota;(2)"Dealer," any person who buys, sells, manufactures, processes, or ships dairy products or who acts as sales or purchasing agent, broker, or factor of dairy products;(3)"Person," individuals, corporations, limited liability companies, partnerships, trusts, associations, cooperatives, and any and all other business units;(4)"Processor," one who converts milk or cream into a manufactured dairy product;(5)"Producer," every person who produces milk or cream from cows or goats and thereafter sells the same as milk, cream, or other dairy products. Source: SL 1951, ch 5, §1; SL 1955, ch 4, §1; SDC Supp 1960, §4.2201; SL 1994, ch 351, §98.
SD Codified L § 40-31-2 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 31 - American Dairy Association Of South Dakota|Section 40-31-2 - Association created--Producer and processor members--Nonvoting members.

40-31-2. Association created--Producer and processor members--Nonvoting members.There is hereby created an American Dairy Association of South Dakota. This association shall be composed of three dairy producers and two dairy processors who are residents of this state, with the secretary of agriculture and natural resources or the secretary's representative, the head of the dairy department of the South Dakota State University, and the state executive member of the American Dairy Association acting as nonvoting members. Source: SL 1951, ch 5, §2; SL 1955, ch 4, §2; SDC Supp 1960, §4.2202; SL 2004, ch 260, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.