reglab/housing_qa huggingface dataset:
SD Codified L § 21-8-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-7 - Notice required before restraining order or preliminary injunction to suspend corporate business.

21-8-7. Notice required before restraining order or preliminary injunction to suspend corporate business.A temporary restraining order or preliminary injunction to suspend the general and ordinary business of a corporation must not be granted without due notice of the application therefor, to the proper officer of the corporation, except when the state is a party to the proceedings. Source: CCivP 1877, §194; CL 1887, §4990; RCCivP 1903, §202; RC 1919, §2429; SDC 1939 & Supp 1960, §37.4308; SL 1978, ch 155, §11.
SD Codified L § 21-8-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-9 - Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.

21-8-9. Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.If a complaint or other pleading is served, it may, if sufficient, be used as part of or in lieu of the affidavit for a temporary restraining order or preliminary injunction, so far as applicable, but this shall not restrict such showing by affidavit as the applicant elects to make. A copy of the complaint or other pleading, if intended as part of the showing, and a copy of any affidavit, so intended, must be served with the restraining order or injunction. Source: CCivP 1877, §§190, 191; CL 1887, §§4986, 4987; RCCivP 1903, §§198, 199; RC 1919, §§2425, 2426; Supreme Court Rule 605, 1939; SDC 1939 & Supp 1960, §37.4305; SL 1978, ch 155, §13.
SD Codified L § 21-8-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-12 - Order granting restraining order or preliminary injunction.

21-8-12. Order granting restraining order or preliminary injunction.An order granting a temporary restraining order or preliminary injunction may be made by the court in which the action is brought, or by a judge thereof, and when made by a judge may be enforced as an order of the court. Source: CCivP 1877, §188; CL 1887, §4984; RCCivP 1903, §196; RC 1919, §2423; SDC 1939 & Supp 1960, §37.4304; SL 1978, ch 155, §16.
SD Codified L § 21-8-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-14 - Circumstances permitting grant of permanent injunction.

21-8-14. Circumstances permitting grant of permanent injunction.Except where otherwise provided by this chapter, a permanent injunction may be granted to prevent the breach of an obligation existing in favor of the applicant:(1)Where pecuniary compensation would not afford adequate relief;(2)Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief;(3)Where the restraint is necessary to prevent a multiplicity of judicial proceedings; or(4)Where the obligation arises from a trust. Source: CivC 1877, §2016; CL 1887, §4649; RCivC 1903, §2361; RC 1919, §2034; SDC 1939 & Supp 1960, §37.4303; SL 1978, ch 155, §18.
SD Codified L § 21-8-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-15 - Permanent injunction by judgment or decree in civil action--Procedure.

21-8-15. Permanent injunction by judgment or decree in civil action--Procedure.A permanent injunction is obtained by a judgment or decree in a civil action under the procedure applicable to all civil actions and subject to the limitations of this chapter or other applicable statutes. Source: SDC 1939 & Supp 1960, §37.4301; SL 1978, ch 155, §19.
SD Codified L § 21-8-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-16 - Judicial power to restrain or enjoin violations of obscenity laws.

21-8-16. Judicial power to restrain or enjoin violations of obscenity laws.The circuit courts of this state and the judges thereof, may, upon application of the attorney general, or any state's attorney or city attorney within his respective jurisdiction, issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the obscenity and public decency laws of this state. Such restraining orders or injunctions may be issued to prevent any person from violating the obscenity and public decency laws of this state. Source: SL 1974, ch 165, §17; SDCL Supp, §22-24-52; SL 1978, ch 164, §10.
SD Codified L § 21-8-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-17 - Notice and trial before injunction to enforce obscenity laws--Orders to deliver and destroy obscene matter.

21-8-17. Notice and trial before injunction to enforce obscenity laws--Orders to deliver and destroy obscene matter.Notwithstanding §21-8-16, no restraining order or injunction shall be issued without notice to the person sought to be enjoined. Such person shall be entitled to a trial of the issues within one day after the filing of his answer to the complaint, and a decision shall be rendered by the court within two days of the conclusion of the trial. If a final order or judgment of injunction is entered against the person sought to be enjoined, it shall contain a provision directing the person to surrender any obscene matter in his possession which is subject to the injunction, to the sheriff of the county in which the action was brought, and the sheriff shall be directed to seize and destroy such matter. Source: SL 1974, ch 165, §17; SDCL Supp, §22-24-53; SL 1978, ch 164, §12.
SD Codified L § 21-8-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 08 - Injunction|Section 21-8-18 - Sale of obscene matter to adults not to be enjoined--Destruction not ordered unless matter disseminated to minors.

21-8-18. Sale of obscene matter to adults not to be enjoined--Destruction not ordered unless matter disseminated to minors.The final order or judgment of injunction shall not enjoin or prohibit a person from selling, distributing, or promoting matter which is harmful to minors, to persons other than minors, nor shall it order the seizure and destruction of matter harmful to minors unless the court finds that the person was selling, distributing, or promoting, or intends to sell, distribute, or promote such matter to minors. Source: SL 1974, ch 165, §22; SDCL Supp, §22-24-54; SL 1978, ch 164, §14.
SD Codified L § 21-9-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-1 - Performance may be compelled except as provided.

21-9-1. Performance may be compelled except as provided.The specific performance of an obligation may be compelled, except as otherwise provided in the statutes relating to such remedy. Source: CivC 1877, §1994; CL 1887, §4627; RCivC 1903, §2339; RC 1919, §2010; SDC 1939 & Supp 1960, §37.4601.
SD Codified L § 21-9-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-2 - Obligations and agreements not specifically enforceable.

21-9-2. Obligations and agreements not specifically enforceable.The following obligations cannot be specifically enforced:(1)An obligation to render personal service;(2)An obligation to employ another in personal service;(3)An agreement to submit a controversy to arbitration except as authorized in the Uniform Arbitration Act;(4)An agreement to perform an act which the party has not power lawfully to perform when required to do so;(5)An agreement to procure the act or consent of the spouse of the contracting party, or of any other third person;(6)An agreement, the terms of which are not sufficiently certain, to make the precise act which is to be done clearly ascertainable. Source: CivC 1877, §1999; CL 1887, §4632; RCivC 1903, §2344; RC 1919, §2015; SDC 1939 & Supp 1960, §37.4602; SL 1971, ch 157, §26; SL 1979, ch 149, §11.
SD Codified L § 21-9-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-3 - Unfair and unreasonable contracts not specifically enforceable.

21-9-3. Unfair and unreasonable contracts not specifically enforceable.Specific performance cannot be enforced against a party to a contract in any of the following cases:(1)If he has not received an adequate consideration for the contract;(2)If it is not, as to him, just and reasonable;(3)If his assent was obtained by misrepresentation, concealment, circumvention, or unfair practice of any party, to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled;(4)If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced. Source: CivC 1877, §2000; CL 1887, §4633; RCivC 1903, §2345; RC 1919, §2016; SDC 1939 & Supp 1960, §37.4603.
SD Codified L § 21-9-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-4 - Mutuality of remedy or full performance by plaintiff required for specific performance.

21-9-4. Mutuality of remedy or full performance by plaintiff required for specific performance.Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance. Source: CivC 1877, §1995; CL 1887, §4628; RCivC 1903, §2340; RC 1919, §2011; SDC 1939 & Supp 1960, §37.4604.
SD Codified L § 21-9-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-5 - Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.

21-9-5. Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except when his failure to perform is only partial, and either entirely immaterial or capable of being fully compensated; in which case specific performance may be compelled, upon full compensation being made for the default. Source: CivC 1877, §2001; CL 1887, §4634; RCivC 1903, §2346; RC 1919, §2017; SDC 1939 & Supp 1960, §37.4605.
SD Codified L § 21-9-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-6 - Clear title required for specific performance of agreement to purchase property.

21-9-6. Clear title required for specific performance of agreement to purchase property.An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt. Source: CivC 1877, §2002; CL 1887, §4635; RCivC 1903, §2347; RC 1919, §2018; SDC 1939 & Supp 1960, §37.4610.
SD Codified L § 21-9-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-7 - Real property obligation enforceable against successor in interest--Good faith purchaser--Exoneration by conveyance.

21-9-7. Real property obligation enforceable against successor in interest--Good faith purchaser--Exoneration by conveyance.Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or encumbrancer in good faith and for value, and except, also, that any such person may exonerate himself by conveying all his estate to the person entitled to enforce the obligation. Source: CivC 1877, §2003; CL 1887, §4636; RCivC 1903, §2348; RC 1919, §2019; SDC 1939 & Supp 1960, §37.4611.
SD Codified L § 21-9-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-8 - Performance or offer to perform in lieu of signature of written contract.

21-9-8. Performance or offer to perform in lieu of signature of written contract.A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance. Source: CivC 1877, §1997; CL 1887, §4630; RCivC 1903, §2342; RC 1919, §2013; SDC 1939 & Supp 1960, §37.4606.
SD Codified L § 21-9-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-9 - Adequacy of compensation for failure to transfer property.

21-9-9. Adequacy of compensation for failure to transfer property.It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation, and that the breach of an agreement to transfer personal property can be thus relieved. Source: CivC 1877, §1996; CL 1887, §4629; RCivC 1903, §2341; RC 1919, §2012; SDC 1939 & Supp 1960, §37.4607.
SD Codified L § 21-9-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-10 - Compelling delivery of personal property to person entitled to possession.

21-9-10. Compelling delivery of personal property to person entitled to possession.Any person having the possession or control of a particular article of personal property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession. Source: CivC 1877, §1993; CL 1887, §4626; RCivC 1903, §2338; RC 1919, §2009; SDC 1939 & Supp 1960, §37.4608.
SD Codified L § 21-9-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 09 - Actions For Specific Performance|Section 21-9-11 - Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.

21-9-11. Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.No specific relief can be granted to enforce a penal law, except in case of nuisance, nor to enforce a penalty or forfeiture in any case; but a contract otherwise proper to be enforced specifically may be so enforced, though a penalty is imposed or the damages are liquidated for its breach, and the party in default is willing to pay the same. Source: CivC 1877, §§1990, 1998; CL 1887, §§4623, 4631; RCivC 1903, §§2335, 2343; RC 1919, §§2006, 2014; SDC 1939 & Supp 1960, §37.4609.
SD Codified L § 21-10-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-1 - Acts and omissions constituting nuisances.

21-10-1. Acts and omissions constituting nuisances.A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:(1)Annoys, injures, or endangers the comfort, repose, health, or safety of others;(2)Offends decency;(3)Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, sidewalk, street, or highway;(4)In any way renders other persons insecure in life, or in the use of property. Source: CivC 1877, §2047; CL 1887, §4681; RCivC 1903, §2393; RC 1919, §2066; SDC 1939 & Supp 1960, §37.4701; SL 2020, ch 30, § 14.
SD Codified L § 21-10-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-2 - Acts under statutory authority not deemed nuisance.

21-10-2. Acts under statutory authority not deemed nuisance.Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. Source: CivC 1877, §2050; CL 1887, §4684; RCivC 1903, §2396; RC 1919, §2069; SDC 1939 & Supp 1960, §37.4703.
SD Codified L § 21-10-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-3 - Public and private nuisances defined.

21-10-3. Public and private nuisances defined.A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal. Every other nuisance is private. Source: CivC 1877, §§2048, 2049; CL 1887, §§4682, 4683; RCivC 1903, §§2394, 2395; RC 1919, §§2067, 2068; SDC 1939 & Supp 1960, §37.4702.
SD Codified L § 21-10-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-4 - Public nuisance not legalized by lapse of time.

21-10-4. Public nuisance not legalized by lapse of time.No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right. Source: CivC 1877, §2053; CL 1887, §4687; RCivC 1903, §2399; RC 1919, §2072; SDC 1939 & Supp 1960, §37.4704.
SD Codified L § 21-10-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-5 - Remedies against nuisances enumerated.

21-10-5. Remedies against nuisances enumerated.Remedies against any nuisance are:(1)A civil action;(2)Abatement; and(3)In cases of public nuisance only, the additional remedy of indictment or information as prescribed by statute and rules relating thereto. Source: CivC 1877, §§2054, 2055, 2059; CL 1887, §§4688, 4689, 4693; RCivC 1903, §§2400, 2401, 2405; RC 1919, §§2073, 2074, 2086; SDC 1939 & Supp 1960, §37.4707.
SD Codified L § 21-10-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-6 - Abatement of nuisance--Notice required--Taxing cost of abatement--Civil action.

21-10-6. Abatement of nuisance--Notice required--Taxing cost of abatement--Civil action.A public nuisance may be abated without civil action by any public body or officer as authorized by law. Any municipality, county, or township may defray the cost of abating a public nuisance by taxing the cost thereof by assessment against the real property on which the nuisance occurred or against the real property abutting or adjoining the unrepaired sidewalk as set forth in §9-46-2. If the nuisance abated is an unsafe or dilapidated building, unrepaired sidewalk, junk, trash, debris, or similar nuisance arising from the condition of the property, the municipality, county, or township may commence a civil action against the owner of the real property for its costs of abatement in lieu of taxing the cost by special assessment.Any private person may abate a public nuisance which is specially injurious to that person or any private nuisance injurious to that person by removing or if necessary destroying that which constitutes the nuisance without committing a breach of the peace or doing unnecessary injury. If a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon the wrongdoer's land, reasonable notice shall be given to the wrongdoer before entering to abate it. Source: SDC 1939 & Supp 1960, §37.4707; SL 1981, ch 167; SL 1991, ch 182; SL 2004, ch 145, §1; SL 2020, ch 30, § 15.
SD Codified L § 21-10-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-7 - Damages for past injury recoverable after abatement.

21-10-7. Damages for past injury recoverable after abatement.The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. Source: CivC 1877, §2052; CL 1887, §4686; RCivC 1903, §2398; RC 1919, §2071; SDC 1939 & Supp 1960, §37.4706.
SD Codified L § 21-10-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-8 - Liability of successive owners for continuing nuisance.

21-10-8. Liability of successive owners for continuing nuisance.Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it. Source: CivC 1877, §2051; CL 1887, §4685; RCivC 1903, §2397; RC 1919, §2070; SDC 1939 & Supp 1960, §37.4705.
SD Codified L § 21-10-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-9 - Persons entitled to maintain civil action against nuisance--Injunction and damages recoverable.

21-10-9. Persons entitled to maintain civil action against nuisance--Injunction and damages recoverable.The remedy by civil action against public nuisance may be maintained by any public body or officer authorized thereto by law or official duty, or by any private person if it is specially injurious to himself. Such remedy also may be used by any person whose property is injuriously affected or whose personal enjoyment is lessened by any nuisance public or private. In all such actions the nuisance may be enjoined, or ordered abated, and damages recovered in addition. Source: CivC 1877, §2056; CCivP 1877, §651; CL 1887, §§4690, 5465; RCivC 1903, §2402; RCCivP 1903, §692; RC 1919, §§2075, 2873; SDC 1939 & Supp 1960, §37.4707.
SD Codified L § 21-10-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-10 - House of ill fame declared nuisance--Injunction and abatement.

21-10-10. House of ill fame declared nuisance--Injunction and abatement.Whoever shall own, lease, establish, maintain, or operate any place for purposes of lewdness, assignation, or prostitution, is guilty of a nuisance and the place, including ground, and all contents are declared a nuisance and shall be enjoined and abated as provided in §§21-10-11 to 21-10-20, inclusive. Source: SL 1913, ch 123, §1; RC 1919, §2078; SDC 1939 & Supp 1960, §37.4801.
SD Codified L § 21-10-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 10 - Remedies Against Nuisances|Section 21-10-11 - State's attorney or citizen entitled to maintain action for injunction against house of ill fame.

21-10-11. State's attorney or citizen entitled to maintain action for injunction against house of ill fame.Whenever a nuisance is kept, maintained, or exists, as defined in §21-10-10, the state's attorney or any citizen of the county may maintain an action in equity in the name of the state, upon the relation of such state's attorney or citizen, perpetually to enjoin said nuisance, the person or persons conducting the same, and the owner or agent of the building or ground upon which said nuisance exists. Source: SL 1913, ch 123, §2; RC 1919, §2079; SDC 1939 & Supp 1960, §37.4802.