40-28-1. Permitting adult male animal to run at large as petty offense. It is a petty offense for the owner or person in charge of any stallion over the age of eighteen months, or any bull over the age of ten months, or any ram or boar over the age of eight months to permit […]
40-28-10. Livestock owner’s bond to be approved by sheriff–Release of animals–Sheriff’s fee. If the person aggrieved is not satisfied with the sufficiency of the bond and the parties cannot agree, a bond shall be furnished and shall be approved by the sheriff and after his approval the person holding the trespassing animal or animals is […]
40-28-11. Notice to sheriff when livestock owner fails to take up trespassing animals–Sheriff to take possession and care for animals. If the owner or person who formerly had the animals in charge is unknown, or if he neglects or refuses for three days after receiving notice as provided in §40-28-8 to take up the animals […]
40-28-12. Sheriff’s lien for expenses. The sheriff has a lien upon animals taken into his possession pursuant to §40-28-11 for the expenses incurred by him as outlined in chapter 40-29. Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403; SL 1983, ch 290, §4.
40-28-13. Unauthorized taking of animal from person with lawful possession as misdemeanor. Every person who takes or attempts to take any animal, restrained under the provisions of this chapter, from the possession of the person having the same in charge, without the consent of such person, except by due course of law, is guilty of […]
40-28-14. Recovery of animals from sheriff by giving bond and paying costs. The owner or person having in charge animals taken into the sheriff’s possession pursuant to §40-28-11 may recover the same from the sheriff at any time before the sale by paying all damages and costs or by furnishing to the sheriff the bond […]
40-28-15. Foreclosure of lien by sheriff’s sale of animals–Service of notice on parties. If possession of animals taken into the sheriff’s possession pursuant to §40-28-11 shall not be recovered from the sheriff by the owner or person who had the same in charge as provided in §40-28-14, within three days after such taking, then the […]
40-28-16. County reimbursement of sheriff for costs not recovered from sale–Recovery from owner of animals. If the proceeds of a sale pursuant to §40-28-15 shall be insufficient to reimburse the sheriff for his costs and disbursements as provided in §40-28-12, then the county shall reimburse the sheriff for such costs and disbursements as he may […]
40-28-17. Actions by county and landowner for costs and damages–Application of proceeds of sale. The county and the person suffering damage from such trespass may sue jointly or severally for their several costs, expenses, and damages; provided that the receipts of the sale shall be applied in the following manner: first, in payment of costs, […]
40-28-18. Civil action for damages from trespassing animals–Venue–Procedure. Damages under §40-28-4 may be recovered in a civil action, in any court having jurisdiction thereof in the county where such damage may have occurred, and the proceedings shall be the same as in other civil actions, except as modified in this chapter. Source: CCivP 1877, §747; […]
40-28-2. Castration lawful for adult male animal running at large–Liability for unauthorized castration. It shall be lawful for any person to castrate or cause to be castrated any animal described in §40-28-1 found running at large; but if any person shall castrate any stallion, bull, ram, or boar, and it shall be proved that such […]
40-28-20. Limitation of actions for damages. Any person seeking to recover damages pursuant to §40-28-18 shall file suit no later than one year after the trespass occurred or six months after he knew or should have known of the injury resulting from the trespass. Source: SL 1883, ch 115, §1; CL 1887, §5569; RCCivP 1903, […]
40-28-21. Surplus proceeds of sale–Disposition. If the person suffering damage fails to bring an action within the time required or if there is a surplus remaining after the satisfaction of the judgment, the proceeds of a sale pursuant to §40-28-15 shall be paid by the clerk of courts to the owner of the animals. If […]
40-28-22. Dismissal of action when defendant is not owner or person in charge of animals–Treatment as estrays. If upon the trial of an action brought under §40-28-18 it appears that the defendant is not the owner or person in charge of such offending animal or animals, the action shall be dismissed, and such animal or […]
40-28-23. Damages and expenses recovered by landowner. Upon the trial of an action under the provisions of this chapter, the plaintiff shall recover the amount of damages sustained and the expenses of keeping the trespassing animal or animals during the time he has restrained and retained the custody thereof. Source: CCivP 1877, §751; SL 1885 […]
40-28-24. Judgment against plaintiff when no damage sustained. If it shall appear upon the trial of an action under the provisions of this chapter that no damage was sustained, judgment shall be rendered against the plaintiff for cost of suit and damage sustained by defendant. Source: CCivP 1877, §751; CL 1887, §5573; RCCivP 1903, §821; […]
40-28-25. Judgment as lien on trespassing animals. Any judgment rendered in an action under the provisions of this chapter shall be a lien upon such animals and the same may be sold and the proceeds applied to the satisfaction of the judgment as in other cases of sale of personal property on execution. Source: CCivP […]
40-28-26. Exemptions limited to absolute exemptions. No property shall be exempt from seizure and sale under executions issued upon any judgment obtained under or by virtue of this chapter except such as is absolutely exempt. Source: CCivP 1877, §747; SL 1883, ch 115, §1; CL 1887, §5569; RCCivP 1903, §817; SL 1907, ch 244, §1; […]
40-28-3. Running at large defined. For the purpose of §§40-28-1 and 40-28-2 the term “running at large” shall mean intentionally left outside of the inclosure of a legal fence, and off of the lands owned or controlled by the owner of such animal. Source: SDC 1939, §40.1311.
40-28-4. Liability for trespass by livestock–Exception where fence inadequate. Except as in this chapter otherwise provided, any person owning or having charge or possession of any buffalo, horses, mules, cattle, goats, sheep, or swine that trespass upon the land, either fenced or unfenced, owned by or in possession of any person, or being cropped by […]
