South Dakota Codified Laws
Chapter 23 - Partition Fences
Section 43-23-10 - Opening or injuring fence or gate as misdemeanor.

43-23-10. Opening or injuring fence or gate as misdemeanor.
Any person who shall intentionally open, or leave open, let down, throw down, tear down, or prostrate any fence, gate, or bars, legally constructed, located, and lawfully maintained, which encloses a meadow, pasture, livestock range, or private other inclosure, is guilty of a Class 2 misdemeanor.

Source: SL 1919, ch 253; SDC 1939, §19.9901; SL 1983, ch 15, §9.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 23 - Partition Fences

Section 43-23-1 - Erection and maintenance of partition fence--Liability of owners of adjoining land.

Section 43-23-2 - Duty of adjoining owner of land to build half of partition fence.

Section 43-23-3 - Fence agreed to by owners of adjoining land is legal fence.

Section 43-23-4 - Description and specifications for legal partition fence--Wire spacing.

Section 43-23-4.1 - Legal fences for buffalo.

Section 43-23-5 - Neglect or refusal to erect and maintain half of legal fence--Enforcement by adjoining landowner--Service of notice and demand.

Section 43-23-6 - Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages.

Section 43-23-7 - Erection of partition fence not required when earth is frozen.

Section 43-23-8 - Judgment for construction or repair of partition fence is lien upon land of delinquent owner.

Section 43-23-9 - Removal of partition fence restricted to repair or construction of new fence.

Section 43-23-9.1 - Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.

Section 43-23-10 - Opening or injuring fence or gate as misdemeanor.