21-10-1. Acts and omissions constituting nuisances. A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either: (1)Annoys, injures, or endangers the comfort, repose, health, or safety of others; (2)Offends decency; (3)Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or […]
21-10-10. House of ill fame declared nuisance–Injunction and abatement. Whoever shall own, lease, establish, maintain, or operate any place for purposes of lewdness, assignation, or prostitution, is guilty of a nuisance and the place, including ground, and all contents are declared a nuisance and shall be enjoined and abated as provided in §§21-10-11 to 21-10-20, […]
21-10-11. State’s attorney or citizen entitled to maintain action for injunction against house of ill fame. Whenever a nuisance is kept, maintained, or exists, as defined in §21-10-10, the state’s attorney or any citizen of the county may maintain an action in equity in the name of the state, upon the relation of such state’s […]
21-10-12. Temporary injunction against house of ill fame–Proof required–Notice to defendant. In an action under §21-10-11 the court, or a judge in vacation, shall upon the presentation of a complaint alleging that the nuisance complained of exists, allow a temporary injunction without bond, if it shall be made to appear to the satisfaction of the […]
21-10-13. Binding effect on defendant of injunction against house of ill fame–Violation as contempt. When an injunction has been granted pursuant to §21-10-12, it shall be binding on the defendant throughout the judicial circuit in which it was issued, and any violation of such injunction shall be a contempt as provided in §21-10-20. Source: SL […]
21-10-14. Approval required for dismissal of action against house of ill fame–Substitution of parties plaintiff. If the complaint in an action pursuant to §21-10-11 is filed by a citizen, it shall not be dismissed except upon a sworn statement made by the plaintiff and his attorney setting forth the reasons why the action should be […]
21-10-15. Action against house of ill fame triable at first term of court–Evidence of reputation admissible. An action pursuant to §21-10-11 when brought shall be triable at the first term of court after due and timely service of the notice has been given, and in such action evidence of the general reputation of the place […]
21-10-16. Costs taxable to plaintiff on finding of no reasonable ground. If an action pursuant to §21-10-11 is brought by a citizen, and the court finds there was no reasonable ground or cause for said action, the costs may be taxed to such citizen. Source: SL 1913, ch 123, §3; RC 1919, §2080; SDC 1939 […]
21-10-17. Order of abatement against house of ill fame–Removal and sale of property–Building closed–Use of building as contempt. If the existence of the nuisance be established in an action as provided in §21-10-11, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal […]
21-10-18. Officer’s fees for enforcing order of abatement against house of ill fame–Proceeds of sale of property. For removing and selling the movable property pursuant to §21-10-17, the officer shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution, and for closing the […]
21-10-19. Release of property to owner on payment of costs and filing of bond–Conditions of bond–Effect of release. If the owner appears and pays all costs of the proceeding, and files a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court or, […]
21-10-2. Acts under statutory authority not deemed nuisance. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. Source: CivC 1877, §2050; CL 1887, §4684; RCivC 1903, §2396; RC 1919, §2069; SDC 1939 & Supp 1960, §37.4703.
21-10-20. Punishment of violations of injunction–Arrest and trial–Penalty. In case of the violation of any injunction granted under the provisions of §§21-10-10 to 21-10-19, inclusive, the court, or in vacation a judge thereof, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of courts, an information under […]
21-10-25. Costs assessed against plaintiff in certain farm operation nuisance actions. If an action pursuant to §21-10-1 is brought against a farm operation existing continuously prior to such action and located within one mile of the boundaries of the land use or occupancy of the plaintiff and the court finds there was no reasonable ground […]
21-10-25.1. State policy to protect agricultural operations from nuisance suits. It is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The Legislature finds that when nonagricultural land uses extend into agricultural areas, agricultural operations often become […]
21-10-25.2. Certain agricultural operations protected–Poultry or livestock operations–Protected status transferable. No agricultural operation or any of its appurtenances may be deemed to be a nuisance, private or public, by any changed conditions in the locality of the operation or its appurtenances after the facility has been in operation for more than one year, if the […]
21-10-25.3. Agricultural operation defined. As used in §§21-10-25.1 to 21-10-25.6, inclusive, the term “agricultural operation and its appurtenances” includes any facility used in the production or processing for commercial purposes of crops, timber, livestock, swine, poultry, livestock products, swine products, or poultry products. Source: SL 1991, ch 183, §3.
21-10-25.4. Damages due to water pollution or land overflow not affected by protected status. The provisions of §§21-10-25.1 and 21-10-25.2 do not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries sustained by it as a result of the pollution or other change in the quantity or […]
21-10-25.5. Agricultural operation within municipality not protected. The provisions of §§21-10-25.1 and 21-10-25.2 do not apply to any nuisance resulting from an agricultural operation located within the limits of any incorporated municipality on January 1, 1991. Source: SL 1991, ch 183, §5.
21-10-25.6. Frivolous action against agricultural operation–Costs and expenses recoverable. In any nuisance action brought in which an agricultural operation is alleged to be a nuisance, and which is found to be frivolous by the court, the defendant shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred […]
