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.
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.