34-35-14. Possessory claim supporting recovery of fire damages.
In any action instituted in any court to recover damages for injury caused by the fire as provided in §34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire has spread. It is sufficient in any such action to allege and prove that the person so injured was in the occupancy or possession of the property. In any action instituted in any court to recover fire suppression and extinguishment costs as provided in §§34-35-12 and 34-35-12.1, it is not necessary for the person or governmental entity providing fire suppression services to allege or prove that it was in occupancy or had any possessory interest in the property over which the fire has spread.
Source: SDC 1939, §20.0207; SL 1992, ch 251, §2; SL 1996, ch 217, §2.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 35 - Range And Forest Fire Prevention
Section 34-35-1 - Construction of fireguards.
Section 34-35-2 - Tax levy to defray expenses of fireguards.
Section 34-35-3 - Entry on private land to construct fireguards.
Section 34-35-6 - Fireguards not in organized townships.
Section 34-35-7 - Expense of fireguard upon township line.
Section 34-35-8 - Throwing match or burning object from vehicle as misdemeanor.
Section 34-35-12 - Civil liability for fire.
Section 34-35-13 - Sheriff's investigation of violations--Prosecution by state's attorney.
Section 34-35-14 - Possessory claim supporting recovery of fire damages.
Section 34-35-15 - Black Hills Forest Fire Protection District--Area included.
Section 34-35-17 - Issuance of permit for open fire in Black Hills district--Conditions.
Section 34-35-18 - Setting fires for forest and range management.
Section 34-35-19 - Promulgation of rules by secretary.
Section 34-35-20 - Interstate compact for the prevention and control of forest fires.