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.
If a delinquent owner neglects or refuses to erect or repair a partition fence within the time specified in §43-23-5, the aggrieved owner may erect or repair the partition fence. The aggrieved owner may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.
Source: SL 1909, ch 197, §4; RC 1919, §10534; SDC 1939, §19.0104; SL 1990, ch 350, §2.
Structure South Dakota Codified Laws
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 43-23-7 - Erection of partition fence not required when earth is frozen.
Section 43-23-9 - Removal of partition fence restricted to repair or construction of new fence.
Section 43-23-10 - Opening or injuring fence or gate as misdemeanor.