40-28-2. Castration lawful for adult male animal running at large--Liability for unauthorized castration.
It shall be lawful for any person to castrate or cause to be castrated any animal described in §40-28-1 found running at large; but if any person shall castrate any stallion, bull, ram, or boar, and it shall be proved that such animal was not of a class of stock prohibited from running at large by §40-28-1, such person shall be liable for damages to the amount of the value of such animal so castrated.
Source: SDC 1939, §40.1311.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 28 - Damage By Animals Trespassing Or Running At Large
Section 40-28-1 - Permitting adult male animal to run at large as petty offense.
Section 40-28-3 - Running at large defined.
Section 40-28-4 - Liability for trespass by livestock--Exception where fence inadequate.
Section 40-28-5 - Trespass liability not applicable to unfenced lands within national forests.
Section 40-28-6 - Notice to livestock owner of injury from trespass.
Section 40-28-7 - Retention of trespassing livestock until damages paid.
Section 40-28-8 - Notice to owner of seizure of trespassing animals.
Section 40-28-9 - Security given by owner for release of trespassing animals held for damages.
Section 40-28-12 - Sheriff's lien for expenses.
Section 40-28-13 - Unauthorized taking of animal from person with lawful possession as misdemeanor.
Section 40-28-14 - Recovery of animals from sheriff by giving bond and paying costs.
Section 40-28-15 - Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.
Section 40-28-18 - Civil action for damages from trespassing animals--Venue--Procedure.
Section 40-28-20 - Limitation of actions for damages.
Section 40-28-21 - Surplus proceeds of sale--Disposition.
Section 40-28-23 - Damages and expenses recovered by landowner.
Section 40-28-24 - Judgment against plaintiff when no damage sustained.
Section 40-28-25 - Judgment as lien on trespassing animals.
Section 40-28-26 - Exemptions limited to absolute exemptions.