South Dakota § 21-10-25.8 Agricultural operation nuisance--Punitive damages.

South Dakota Statutes

§ 21-10-25.8 — Agricultural operation nuisance--Punitive damages.

South Dakota § 21-10-25.8

Title 21JUDICIAL REMEDIES

Ch. 21-9REMEDIES AGAINST NUISANCES

This text of South Dakota § 21-10-25.8 (Agricultural operation nuisance--Punitive 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 § 21-10-25.8 (2026).

Text

Any punitive damages claim in a private nuisance action brought against an agricultural operation is determined pursuant to § 21-3-2 . Additionally, a plaintiff may not recover punitive damages in a nuisance action against an agricultural operation unless:

(1)The alleged nuisance is based on substantially the same conduct that was subject to a civil enforcement judgment or criminal conviction taken by any county, municipal, state, or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance; and (2) The conviction or judgment occurred within three years of the first action forming the basis of the nuisance action.

Free access — add to your briefcase to read the full text and ask questions with AI

Any punitive damages claim in a private nuisance action brought against an agricultural operation is determined pursuant to § 21-3-2 . Additionally, a plaintiff may not recover punitive damages in a nuisance action against an agricultural operation unless: (1) The alleged nuisance is based on substantially the same conduct that was subject to a civil enforcement judgment or criminal conviction taken by any county, municipal, state, or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance; and (2) The conviction or judgment occurred within three years of the first action forming the basis of the nuisance action.