Home/South Dakota/Statutes/Title 21: JUDICIAL REMEDIES/Ch. 21-9: REMEDIES AGAINST NUISANCES/§ 21-10-2
South Dakota Statutes

§ 21-10-2 — Acts under statutory authority not deemed nuisance.

South Dakota § 21-10-2
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-9REMEDIES AGAINST NUISANCES

This text of South Dakota § 21-10-2 (Acts under statutory authority not deemed nuisance.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 21-10-2 (2026).

Text

Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.

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Related

Kuper v. Lincoln-Union Electric Co.
1996 SD 145 (South Dakota Supreme Court, 1996)
77 case citations
Krier v. Dell Rapids Twp.
2006 SD 10 (South Dakota Supreme Court, 2006)
31 case citations
Loesch v. City of Huron
2006 SD 93 (South Dakota Supreme Court, 2006)
18 case citations
Hedel-Ostrowski v. City of Spearfish
2004 SD 55 (South Dakota Supreme Court, 2004)
9 case citations
Ehlebracht v. Deuel Cnty. Pln. Comm'n and Crowned Ridge Wind II, LLC
2022 S.D. 18 (South Dakota Supreme Court, 2022)
6 case citations
Krsnak v. Brant Lake Sanitary Dist.
2018 SD 85 (South Dakota Supreme Court, 2018)
2 case citations
Mahmoudi v. City of Spearfish
2025 S.D. 49 (South Dakota Supreme Court, 2025)

Legislative History

CivC 1877, § 2050; CL 1887, § 4684; RCivC 1903, § 2396; RC 1919, § 2069; SDC 1939 & Supp 1960, § 37.4703.

Nearby Sections

15
§ 21-1-1
Right to damages for detriment from unlawful act or omission of another.
§ 21-1-10
Damages awarded for detriment after commencement of action.
§ 21-1-11
Repealed
§ 21-1-12
Acceptance of principal as waiver of interest.
§ 21-1-13
Repealed
§ 21-1-13.1
Interest on damages--Prejudgment interest--Retroactive application.
§ 21-1-13.2
Application of interest statutes.
§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.
§ 21-1-15
Definitions.
§ 21-1-16
Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate.
§ 21-1-2
Nominal damages for breach of duty without detriment.
§ 21-1-3
Damages to be reasonable.
§ 21-1-4
Exemplary or penal damages only as provided--Interest on damages.
§ 21-1-4.1
Discovery and trial of exemplary damage claims.
§ 21-1-5
Damages for breach of obligation not to exceed gain from full performance--Exceptions.
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Bluebook (online)
South Dakota § 21-10-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-10-2.