South Dakota § 21-10-25.10 Agricultural operation nuisance--Standing--Burden of proof--Violation required.

South Dakota Statutes

§ 21-10-25.10 — Agricultural operation nuisance--Standing--Burden of proof--Violation required.

South Dakota § 21-10-25.10

Title 21JUDICIAL REMEDIES

Ch. 21-9REMEDIES AGAINST NUISANCES

This text of South Dakota § 21-10-25.10 (Agricultural operation nuisance--Standing--Burden of proof--Violation required.) 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 § 21-10-25.10 (2026).

Text

A nuisance action may not be filed against an agricultural operation unless the plaintiff is an owner or lessee of the real property affected by the conditions alleged to be a nuisance, and the real property is located within one mile of the source of the activity or structure alleged to be a nuisance. An agricultural operation may not be held liable for nuisance unless the plaintiff proves by clear and convincing evidence that the claim arises out of conduct that did not comply with any county, municipal, state, or federal law or regulation.

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A nuisance action may not be filed against an agricultural operation unless the plaintiff is an owner or lessee of the real property affected by the conditions alleged to be a nuisance, and the real property is located within one mile of the source of the activity or structure alleged to be a nuisance. An agricultural operation may not be held liable for nuisance unless the plaintiff proves by clear and convincing evidence that the claim arises out of conduct that did not comply with any county, municipal, state, or federal law or regulation.