31-32-18. Failure of owner to abate nuisance--Civil action--Cost charged against owner.
If the owner of the property referred to in §31-32-17 or of the nuisance refuses or fails to voluntarily abate the nuisance within a reasonable time, the department, board, or governing body, shall bring a civil action on behalf of the public, in the proper court, to abate the nuisance. If abatement is ordered in the suit, the cost of the action shall be charged against the owner of the land on which the nuisance was maintained and against whom the action in abatement was brought.
Source: SL 1945, ch 123, §2; SDC Supp 1960, §28.0917; SL 2010, ch 145, §180.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 32 - Highway Obstructions And Defects
Section 31-32-1 - Intentionally damaging highway or bridge--Felony.
Section 31-32-3.2 - Authorized dumping on highway right-of-way.
Section 31-32-4 - Intentional destruction of tollhouse or turnpike gate--Felony.
Section 31-32-6 - Duty to notify where bridge or highway is obstructed.
Section 31-32-7 - Destruction, etc., of highway grade or ditch--Violation as misdemeanor.
Section 31-32-8 - Civil liability for violating § 31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.
Section 31-32-12 - Bridges over ditches and canals excepted from notice requirements.
Section 31-32-13 - Business requiring use of highway by customers as misdemeanor--Exceptions.
Section 31-32-14 - Approved ingress and egress excepted from highway use restriction.
Section 31-32-15 - Unlawful use of right-of-way as public nuisance.
Section 31-32-16 - Objects likely to fall on highway as public nuisance.
Section 31-32-17 - Negotiation with owner for abatement of nuisance.
Section 31-32-18 - Failure of owner to abate nuisance--Civil action--Cost charged against owner.