43-24-8. Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages.
If the delinquent owner so served with notice fails or refuses to erect or repair such partition fence within the time specified in §43-24-7, the aggrieved owner of such adjoining land may erect or repair such partition fence, and 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 1917, ch 237, §4; RC 1919, §10538; SDC 1939, §19.0206; SL 1990, ch 350, §4.
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.