South Dakota Codified Laws
Chapter 10 - Remedies Against Nuisances
Section 21-10-25.3 - Agricultural operation defined.

21-10-25.3. Agricultural operation defined.
As used in §§21-10-25.1 to 21-10-25.6, inclusive, the term "agricultural operation and its appurtenances" includes any facility used in the production or processing for commercial purposes of crops, timber, livestock, swine, poultry, livestock products, swine products, or poultry products.

Source: SL 1991, ch 183, §3.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

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 21-10-9 - Persons entitled to maintain civil action against nuisance--Injunction and damages recoverable.

Section 21-10-10 - House of ill fame declared nuisance--Injunction and abatement.

Section 21-10-11 - State's attorney or citizen entitled to maintain action for injunction against house of ill fame.

Section 21-10-12 - Temporary injunction against house of ill fame--Proof required--Notice to defendant.

Section 21-10-13 - Binding effect on defendant of injunction against house of ill fame--Violation as contempt.

Section 21-10-14 - Approval required for dismissal of action against house of ill fame--Substitution of parties plaintiff.

Section 21-10-15 - Action against house of ill fame triable at first term of court--Evidence of reputation admissible.

Section 21-10-16 - Costs taxable to plaintiff on finding of no reasonable ground.

Section 21-10-17 - Order of abatement against house of ill fame--Removal and sale of property--Building closed--Use of building as contempt.

Section 21-10-18 - Officer's fees for enforcing order of abatement against house of ill fame--Proceeds of sale of property.

Section 21-10-19 - Release of property to owner on payment of costs and filing of bond--Conditions of bond--Effect of release.

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 21-10-25.2 - Certain agricultural operations protected--Poultry or livestock operations--Protected status transferable.

Section 21-10-25.3 - Agricultural operation defined.

Section 21-10-25.4 - Damages due to water pollution or land overflow not affected by protected status.

Section 21-10-25.5 - Agricultural operation within municipality not protected.

Section 21-10-25.6 - Frivolous action against agricultural operation--Costs and expenses recoverable.

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.