43-24-6. Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition.
When such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound posts at least six and one-half feet long and four inches in diameter, or standard steel posts, and firmly set at least two feet in the earth and not over twenty feet apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each a woven-wire fence thirty-two inches high, the bottom of which shall be firmly stretched even with the ground, which woven-wire fence shall be of eight bars, with six inch stays, and wire to be not smaller than number ten or number thirteen wire; above such woven-wire fence shall be firmly stretched and securely attached to each post at least two strands of ordinary commercial barbed fencing wire, the lowest strand to be four inches from the top of such woven-wire fence and the upper strand to be sixteen inches from the top of such woven-wire fence.
Source: SL 1917, ch 237, §3; RC 1919, §10537 (2); SL 1921, ch 236; SDC 1939, §19.0203 (2).
Structure South Dakota Codified Laws
Chapter 24 - Local Option Woven Wire Fences
Section 43-24-2 - Adoption of chapter by civil township supersedes partition fence law.
Section 43-24-4 - Duty of owner of adjoining land to build half of local option partition fence.
Section 43-24-5 - Fence upon which owners of adjoining lands agree is a legal fence.
Section 43-24-9 - Erection of local option partition fence not required when earth is frozen.