reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 10 - Remedies Against Nuisances › Section 21-10-25 - Agricultural operation defined.

21-10-25. Agricultural operation defined.
As used in this chapter, the term, agricultural operation, includes any facility or appurtenance used in the production or commercial processing of crops, timber, livestock, swine, poultry, livestock products, swine products, or poultry products, or in any agrotourism activity as defined in §20-9-12.
Source: SL 1991, ch 183, §3; SDCL §21-10-25.3; SL 2023, ch 65, §§3, 8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 10 - Remedies Against Nuisances › Section 21-10-25.1 - Costs assessed against plaintiff in certain agricultural operation nuisance actions.

21-10-25.1. Costs assessed against plaintiff in certain agricultural operation nuisance actions.
If an action pursuant to §21-10-1 is brought against an agricultural operation existing continuously, prior to the action, and which is located within one mile of the boundaries of the land use or occupancy of the plaintiff, and if the court finds there was no reasonable ground or cause for the action, the costs may be assessed to the plaintiff.
Source: SL 1987, ch 161; SDCL §21-10-25; SL 2023, ch 65, §§1, 8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 10 - Remedies Against Nuisances › Section 21-10-25.2 - State policy to protect agricultural operations from nuisance suits.

21-10-25.2. 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 and 21-10-25.2 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; SL 1994, ch 162; SDCL §21-10-25.1; SL 2023, ch 65, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 10 - Remedies Against Nuisances › Section 21-10-25.3 - Agricultural operations protected.

21-10-25.3. Agricultural operations protected.
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 operation has been in existence for more than one year, if the operation was not a nuisance at the time the operation began.
Any agricultural operation protected pursuant to this section may reasonably expand its operation, without losing its protected status, if all county, municipal, state, and federal environmental codes, laws, and 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, by diminishing the size of the operation, or by a change in the type of feeding operation or crop produced.
This section does not apply if a nuisance results from the negligent or improper operation of an agricultural operation or its appurtenances.
Source: SL 1991, ch 183, §2; SL 1994, ch 162; SDCL §21-10-25.2; SL 2023, ch 65, §§2, 8.
2023 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 §§21-10-25.2 and 21-10-25.3 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; SL 2023, ch 65, §8.
2023 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 §§21-10-25.2 and 21-10-25.3 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; SL 2023, ch 65, §8.
2023 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.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 10 - Remedies Against Nuisances › Section 21-10-25.7 - Agricultural operation nuisance--Compensatory damages.

21-10-25.7. Agricultural operation nuisance--Compensatory damages.
The compensatory damages that may be awarded to a plaintiff for a private nuisance action, in which the alleged nuisance resulted from an agricultural operation are as follows:
(1)If the nuisance is a permanent nuisance, compensatory damages are measured by the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not exceeding the fair market value of the property; and
(2)If the nuisance is a temporary nuisance, compensatory damages are limited to the reduction in the fair rental value of the plaintiff's property caused by the nuisance.
Source: SL 2023, ch 65, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 10 - Remedies Against Nuisances › Section 21-10-25.8 - Agricultural operation nuisance--Punitive damages.

21-10-25.8. Agricultural operation nuisance--Punitive damages.
Any punitive damages claim in a private nuisance action brought against an agricultural operation is determined pursuant to §21-3-2. Additionally, a plaintiff may not recover punitive damages in a nuisance action against an agricultural operation unless:
(1)The alleged nuisance is based on substantially the same conduct that was subject to a civil enforcement judgment or criminal conviction taken by any county, municipal, state, or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance; and
(2)The conviction or judgment occurred within three years of the first action forming the basis of the nuisance action.
Source: SL 2023, ch 65, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 10 - Remedies Against Nuisances › Section 21-10-25.9 - Agricultural operation nuisance--Applicability of limitations.

21-10-25.9. Agricultural operation nuisance--Applicability of limitations.
Sections 21-10-25.7 and 21-10-25.8 do not:
(1)Apply to any cause of action brought against an agricultural operation for negligence, trespass, personal injury, strict liability, or other cause of action for tort liability, other than nuisance; and
(2)Prohibit or limit any request for injunctive relief that is otherwise available.
Source: SL 2023, ch 65, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 10 - Remedies Against Nuisances › Section 21-10-25.10 - Agricultural operation nuisance--Standing--Burden of proof--Violation required.

21-10-25.10. Agricultural operation nuisance--Standing--Burden of proof--Violation required.
A nuisance action may not be filed against an agricultural operation unless the plaintiff is an owner or lessee of the real property affected by the conditions alleged to be a nuisance, and the real property is located within one mile of the source of the activity or structure alleged to be a nuisance.
An agricultural operation may not be held liable for nuisance unless the plaintiff proves by clear and convincing evidence that the claim arises out of conduct that did not comply with any county, municipal, state, or federal law or regulation.
Source: SL 2023, ch 65, §7.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 12 - Rescission Of Contracts › Section 21-12-2 - Restoration to original condition required on rescission for mistake.

21-12-2. Restoration to original condition required on rescission for mistake.
Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same condition as if the contract had not been made.
Source:
CivC 1877, §2009; CL 1887, §4642; RCivC 1903, §2354; RC 1919, §2025; SDC 1939 & Supp 1960, §37.0702.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 12 - Rescission Of Contracts › Section 21-12-3 - Compensation required of plaintiff for rescission.

21-12-3. Compensation required of plaintiff for rescission.
On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to make any compensation to the other which justice may require.
Source:
CivC 1877, §2010; CL 1887, §4643; RCivC 1903, §2355; RC 1919, §2026; SDC 1939 & Supp 1960, §37.0703.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 13 - Cancellation Of Instruments › Section 21-13-1 - Cancellation ordered on apprehension of injury--Invalidity apparent on face of instrument.

21-13-1. Cancellation ordered on apprehension of injury--Invalidity apparent on face of instrument.
A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may upon his application, be so adjudged and ordered to be delivered up or canceled; but if the invalidity is apparent upon its face or upon the face of another instrument necessary to its use in evidence it is not deemed capable of causing such injury.
Source:
CivC 1877, §§2011, 2012; CL 1887, §§4644, 4645; RCivC 1903, §§2356, 2357; RC 1919, §§2027, 2028; SDC 1939 & Supp 1960, §37.0801.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 13 - Cancellation Of Instruments › Section 21-13-2 - Partial cancellation of instrument.

21-13-2. Partial cancellation of instrument.
Where an instrument is evidence of different rights or obligations, it may be canceled in part and allowed to stand for the residue.
Source:
CivC 1877, §2013; CL 1887, §4646; RCivC 1903, §2358; RC 1919, §2029; SDC 1939 & Supp 1960, §37.0802.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 14 - Actions For Recovery Of Property › Section 21-14-1 - Remedies available for recovery of property--Civil action to recover possession--Title and possessory actions combined.

21-14-1. Remedies available for recovery of property--Civil action to recover possession--Title and possessory actions combined.
A person entitled to specific real or personal property by reason of a perfected title or a claim of title which ought to be perfected, may recover the same by any of the remedies provided by law and if no specific remedy is applicable, by a civil action according to the facts, and in such cases the judgment may provide for delivery of the possession by specifically commanding the person so to do, or by execution directing the proper peace officer to deliver such possession. Title may be perfected and possession ordered in the same action.
Source:
CivC 1877, §§1991 to 1993; CL 1887, §§4624 to 4626; RCivC 1903, §§2336 to 2338; RC 1919, §§2007 to 2009; SDC 1939 & Supp 1960, §37.3701.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 14 - Actions For Recovery Of Property › Section 21-14-2 - Order to permit entry for surveys in action involving real property--Liability for unnecessary injury to property.

21-14-2. Order to permit entry for surveys in action involving real property--Liability for unnecessary injury to property.
The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party, for good cause shown, grant an order allowing to such party the right to enter upon the property, and make survey and measurement thereof, and of any tunnels, shafts, or drifts thereon, for the purpose of the action, even though entry for such purpose has to be made through other lands belonging to parties to the action. The order must describe the property and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurements; but if any unnecessary injury be done to the property he is liable therefor.
Source:
CCivP 1877, §§645, 646; CL 1887, §§5459, 5460; RCCivP 1903, §§685, 686; RC 1919, §§2861, 2862; SDC 1939 & Supp 1960, §37.1520.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 14 - Actions For Recovery Of Property › Section 21-14-3 - Action to recover real property not prejudiced by alienation.

21-14-3. Action to recover real property not prejudiced by alienation.
An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.
Source:
CCivP 1877, §648; CL 1887, §5462; RCCivP 1903, §688; RC 1919, §2864; SDC 1939 & Supp 1960, §37.1510.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 14 - Actions For Recovery Of Property › Section 21-14-4 - Plaintiff's right to recover real property terminated while action pending--Damages for withholding.

21-14-4. Plaintiff's right to recover real property terminated while action pending--Damages for withholding.
In an action for the recovery of real property, where the plaintiff shows a right to recovery at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property.
Source:
CCivP 1877, §640; CL 1887, §5454; RCCivP 1903, §680; RC 1919, §2856; SDC 1939 & Supp 1960, §37.1515.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 14 - Actions For Recovery Of Property › Section 21-14-5 - Compensation for improvements to real property made by defendant claiming in good faith.

21-14-5. Compensation for improvements to real property made by defendant claiming in good faith.
In an action for the recovery of real property, upon which permanent improvements have been made by a defendant or intervener, or those under whom he claims, holding under color of title adversely to claim of plaintiff, or another defendant or intervener, in good faith, the value of such improvements must be allowed as a counterclaim by such defendant or intervener.
Source:
CCivP 1877, §641; CL 1887, §5455; RCCivP 1903, §681; RC 1919, §2857; SDC 1939, §37.1516; SL 1949, ch 140, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 14 - Actions For Recovery Of Property › Section 21-14-6 - Determination of title, removal of clouds and commissioner's conveyance on absence or refusal of defendant to convey real property.

21-14-6. Determination of title, removal of clouds and commissioner's conveyance on absence or refusal of defendant to convey real property.
In all actions arising under chapter 21-41, in actions brought for the satisfaction of record of mortgages and other liens upon real property, and in actions for the specific performance of contracts relating to real property, whenever the defendant is not found within the jurisdiction of the court and service of summons therein is made by publication or personally without the state, or whenever any defendant refuses or neglects to make a conveyance or cancel an encumbrance pursuant to the judgment of the court, the court may, by its judgment, determine and establish the title to the property, remove all clouds therefrom, or appoint a commissioner to convey the property on behalf of such defendant.
Source:
SL 1889, ch 111; RCCivP 1903, §691; RC 1919, §2871; SDC 1939 & Supp 1960, §37.1509.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-1 - Claim of immediate delivery permitted in action for possession of personal property--Time of claim.

21-15-1. Claim of immediate delivery permitted in action for possession of personal property--Time of claim.
The plaintiff, in an action to recover the possession of personal property may, at the time of issuing the summons or at any time before answer, claim the immediate delivery of such property as provided in this chapter.
Source:
CCivP 1877, §176; CL 1887, §4972; RCCivP 1903, §184; RC 1919, §2411; SDC 1939 & Supp 1960, §37.3801.