9-46-2. Liability of adjoining property owner for failure to keep sidewalks in repair.
Any owner of real property who fails to keep the sidewalks abutting or adjoining the property in repair creates or maintains a public nuisance and the owner is liable to the municipality for any damage or injury caused by neglect and responsible for the costs of abating the public nuisance pursuant to §21-10-6.
Source: SL 1890, ch 37, art XVI, §24; RPolC 1903, §1312; RC 1919, §6363; SDC 1939, §45.1605; SL 1986, ch 80; SL 2020, ch 30, § 4.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 46 - Sidewalk Improvements
Section 9-46-1 - Width and material of sidewalks prescribed by ordinance.
Section 9-46-1.3 - Resolution--Sidewalk Location.
Section 9-46-2 - Liability of adjoining property owner for failure to keep sidewalks in repair.
Section 9-46-2.1 - Municipal sidewalk--Construction.
Section 9-46-2.2 - Notice of hearing--Municipal sidewalk.
Section 9-46-2.3 - Notice--Mailing.
Section 9-46-4 - Municipal construction on failure by adjoining owner.
Section 9-46-4.1 - Sidewalk--Financing.
Section 9-46-4.2 - Definition.
Section 9-46-11 - Mailboxes on or adjacent to curbs or sidewalks.