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.
Structure South Dakota Codified Laws
Chapter 10 - Remedies Against Nuisances
Section 21-10-1 - Acts and omissions constituting nuisances.
Section 21-10-2 - Acts under statutory authority not deemed nuisance.
Section 21-10-3 - Public and private nuisances defined.
Section 21-10-4 - Public nuisance not legalized by lapse of time.
Section 21-10-5 - Remedies against nuisances enumerated.
Section 21-10-6 - Abatement of nuisance--Notice required--Taxing cost of abatement--Civil action.
Section 21-10-7 - Damages for past injury recoverable after abatement.
Section 21-10-8 - Liability of successive owners for continuing nuisance.
Section 21-10-10 - House of ill fame declared nuisance--Injunction and abatement.
Section 21-10-16 - Costs taxable to plaintiff on finding of no reasonable ground.
Section 21-10-20 - Punishment of violations of injunction--Arrest and trial--Penalty.
Section 21-10-25 - Costs assessed against plaintiff in certain farm operation nuisance actions.
Section 21-10-25.1 - State policy to protect agricultural operations from nuisance suits.
Section 21-10-25.3 - Agricultural operation defined.
Section 21-10-25.5 - Agricultural operation within municipality not protected.
Section 21-10-26 - Logging slash defined.
Section 21-10-27 - Abandonment of logging slash as public nuisance--Penalty.
Section 21-10-28 - Use or operation of sport shooting range.
Section 21-10-28.1 - Significant threat to human life or private habitations.
Section 21-10-29 - Injunction not available to certain adversely affected property owners.
Section 21-10-30 - Recovery based on negligence or willful or wanton misconduct not precluded.
Section 21-10-31 - Provisions inapplicable where substantial change in primary use has occurred.
Section 21-10-32 - Regulation of sport shooting ranges not prohibited.
Section 21-10-33 - Sport shooting range defined.
Section 21-10-34 - Prospective application of §§ 21-10-28 to 21-10-33.