43-23-9. Removal of partition fence restricted to repair or construction of new fence.
If adjoining owners of land have shared the expense of erecting and maintaining a partition fence pursuant to the provisions of this chapter, neither owner shall have the right as against the owner of the adjoining lands to remove the same or any part thereof, except for the purpose of making immediate repairs or constructing a new fence.
Source: SL 1909, ch 197, §1; RC 1919, §10531; SL 1919, ch 204; SDC 1939, §19.0101; SL 1988, ch 350, §4.
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.