South Dakota Codified Laws 21-10-25.7. Agricultural operation nuisance–Compensatory damages
Current as of: 2023 | Check for updates
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The compensatory damages that may be awarded to a plaintiff for a private nuisance action, in which the alleged nuisance resulted from an agricultural operation are as follows:
(1) If the nuisance is a permanent nuisance, compensatory damages are measured by the reduction in the fair market value of the plaintiff’s property caused by the nuisance, but not exceeding the fair market value of the property; and
Terms Used In South Dakota Codified Laws 21-10-25.7
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) If the nuisance is a temporary nuisance, compensatory damages are limited to the reduction in the fair rental value of the plaintiff’s property caused by the nuisance.
Source: SL 2023, ch 65, § 4.