South Dakota Codified Laws
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.

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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.