31-32-5. Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.
Any person who shall place a barbed wire fence across any traveled road, whether the same be or be not a public highway, without at the same time building an obstruction across said road outside of and not farther away from said fence than two rods, consisting of at least two boards or poles securely fastened to three upright posts, commits a petty offense and is liable to the person injured for all damages sustained.
Source: SL 1890, ch 131; RPenC 1903, §484; RC 1919, §3993; SDC 1939, §13.1623.
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.