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.