§ 21-10-1 Acts and omissions constituting nuisances
§ 21-10-2 Acts under statutory authority not deemed nuisance
§ 21-10-3 Public and private nuisances defined
§ 21-10-4 Public nuisance not legalized by lapse of time
§ 21-10-5 Remedies against nuisances enumerated
§ 21-10-6 Abatement of nuisance–Notice required–Taxing cost of abatement–Civil action
§ 21-10-7 Damages for past injury recoverable after abatement
§ 21-10-8 Liability of successive owners for continuing nuisance
§ 21-10-9 Persons entitled to maintain civil action against nuisance–Injunction and damages recoverable
§ 21-10-10 House of ill fame declared nuisance–Injunction and abatement
§ 21-10-11 State’s attorney or citizen entitled to maintain action for injunction against house of ill fame
§ 21-10-12 Temporary injunction against house of ill fame–Proof required–Notice to defendant
§ 21-10-13 Binding effect on defendant of injunction against house of ill fame–Violation as contempt
§ 21-10-14 Approval required for dismissal of action against house of ill fame–Substitution of parties plaintiff
§ 21-10-15 Action against house of ill fame triable at first term of court–Evidence of reputation admissible
§ 21-10-16 Costs taxable to plaintiff on finding of no reasonable ground
§ 21-10-17 Order of abatement against house of ill fame–Removal and sale of property–Building closed–Use of building as contempt
§ 21-10-18 Officer’s fees for enforcing order of abatement against house of ill fame–Proceeds of sale of property
§ 21-10-19 Release of property to owner on payment of costs and filing of bond–Conditions of bond–Effect of release
§ 21-10-20 Punishment of violations of injunction–Arrest and trial–Penalty
§ 21-10-25 Agricultural operation defined
§ 21-10-25.1 Costs assessed against plaintiff in certain agricultural operation nuisance actions
§ 21-10-25.2 State policy to protect agricultural operations from nuisance suits
§ 21-10-25.3 Agricultural operations protected
§ 21-10-25.4 Damages due to water pollution or land overflow not affected by protected status
§ 21-10-25.5 Agricultural operation within municipality not protected
§ 21-10-25.6 Frivolous action against agricultural operation–Costs and expenses recoverable
§ 21-10-25.7 Agricultural operation nuisance–Compensatory damages
§ 21-10-25.8 Agricultural operation nuisance–Punitive damages
§ 21-10-25.9 Agricultural operation nuisance–Applicability of limitations
§ 21-10-25.10 Agricultural operation nuisance–Standing–Burden of proof–Violation required
§ 21-10-26 Logging slash defined
§ 21-10-27 Abandonment of logging slash as public nuisance–Penalty
§ 21-10-28 Use or operation of sport shooting range
§ 21-10-28.1 Significant threat to human life or private habitations
§ 21-10-29 Injunction not available to certain adversely affected property owners
§ 21-10-30 Recovery based on negligence or willful or wanton misconduct not precluded
§ 21-10-31 Provisions inapplicable where substantial change in primary use has occurred
§ 21-10-32 Regulation of sport shooting ranges not prohibited
§ 21-10-33 Sport shooting range defined
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 10 - Remedies Against Nuisances

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.