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.
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.