South Dakota § 21-10-25.7 Agricultural operation nuisance--Compensatory damages.

South Dakota Statutes

§ 21-10-25.7 — Agricultural operation nuisance--Compensatory damages.

South Dakota § 21-10-25.7

Title 21JUDICIAL REMEDIES

Ch. 21-9REMEDIES AGAINST NUISANCES

This text of South Dakota § 21-10-25.7 (Agricultural operation nuisance--Compensatory damages.) 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 § 21-10-25.7 (2026).

Text

The compensatory damages that may be awarded to a plaintiff for a private nuisance action, in which the alleged nuisance resulted from an agricultural operation are as follows:

(1)If the nuisance is a permanent nuisance, compensatory damages are measured by the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not exceeding the fair market value of the property; and (2) If the nuisance is a temporary nuisance, compensatory damages are limited to the reduction in the fair rental value of the plaintiff's property caused by the nuisance.

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The compensatory damages that may be awarded to a plaintiff for a private nuisance action, in which the alleged nuisance resulted from an agricultural operation are as follows: (1) If the nuisance is a permanent nuisance, compensatory damages are measured by the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not exceeding the fair market value of the property; and (2) If the nuisance is a temporary nuisance, compensatory damages are limited to the reduction in the fair rental value of the plaintiff's property caused by the nuisance.