South Dakota Codified Laws
Chapter 28 - Damage By Animals Trespassing Or Running At Large
Section 40-28-4 - Liability for trespass by livestock--Exception where fence inadequate.

40-28-4. Liability for trespass by livestock--Exception where fence inadequate.
Except as in this chapter otherwise provided, any person owning or having charge or possession of any buffalo, horses, mules, cattle, goats, sheep, or swine that trespass upon the land, either fenced or unfenced, owned by or in possession of any person, or being cropped by any person injured by such trespass, is liable to any such person injured for all damages sustained by reason of the trespass. No person is liable under this chapter if the person injured has maintained an inadequate partition fence and notice thereof has been given pursuant to §43-23-5 or if the person is not required to build the fence because of frozen earth pursuant to §43-23-7.

Source: CCivP 1877, §747; SL 1883, ch 115, §1; SL 1885 (Spec. Laws), ch 17, §§4, 5; CL 1887, §5569; RCCivP 1903, §§817, 829, 830; SL 1907, ch 244, §1; RC 1919, §§2921, 2922; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401; SL 1978, ch 286; SL 2001, ch 224, §1.

Structure South Dakota Codified Laws

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 40-28-2 - Castration lawful for adult male animal running at large--Liability for unauthorized castration.

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 40-28-10 - Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee.

Section 40-28-11 - Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff to take possession and care for animals.

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 40-28-16 - County reimbursement of sheriff for costs not recovered from sale--Recovery from owner of animals.

Section 40-28-17 - Actions by county and landowner for costs and damages--Application of proceeds of sale.

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 40-28-22 - Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.

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.