40-28-20. Limitation of actions for damages.
Any person seeking to recover damages pursuant to §40-28-18 shall file suit no later than one year after the trespass occurred or six months after he knew or should have known of the injury resulting from the trespass.
Source: SL 1883, ch 115, §1; CL 1887, §5569; RCCivP 1903, §817; SL 1907, ch 244, §1; RC 1919, §2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401; SL 1991, ch 336.
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.