Home/South Dakota/Statutes/Title 21: JUDICIAL REMEDIES/Ch. 21-9: REMEDIES AGAINST NUISANCES/§ 21-10-3
South Dakota Statutes

§ 21-10-3 — Public and private nuisances defined.

South Dakota § 21-10-3
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-9REMEDIES AGAINST NUISANCES

This text of South Dakota § 21-10-3 (Public and private nuisances defined.) 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 § 21-10-3 (2026).

Text

A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal. Every other nuisance is private.

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Related

Kuper v. Lincoln-Union Electric Co.
1996 SD 145 (South Dakota Supreme Court, 1996)
77 case citations
Tipton v. Town of Tabor
1997 SD 96 (South Dakota Supreme Court, 1997)
47 case citations
Gleason v. Peters
1997 SD 102 (South Dakota Supreme Court, 1997)
18 case citations
Atkinson v. City of Pierre
2005 SD 114 (South Dakota Supreme Court, 2005)
15 case citations
City of Aberdeen v. Wellman
352 N.W.2d 204 (South Dakota Supreme Court, 1984)
15 case citations
Prairie Hills Water & Development Co. v. Gross
2002 SD 133 (South Dakota Supreme Court, 2002)
11 case citations
Union County v. Hoffman
512 N.W.2d 168 (South Dakota Supreme Court, 1994)
9 case citations
South Dakota Department of Health v. Owen
350 N.W.2d 48 (South Dakota Supreme Court, 1984)
8 case citations
Watson v. Great Lakes Pipeline Company
182 N.W.2d 314 (South Dakota Supreme Court, 1970)
7 case citations
Tipton v. City of Tabor
1997 SD 96 (South Dakota Supreme Court, 1997)

Legislative History

CivC 1877, §§ 2048, 2049; CL 1887, §§ 4682, 4683; RCivC 1903, §§ 2394, 2395; RC 1919, §§ 2067, 2068; SDC 1939 & Supp 1960, § 37.4702.

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Repealed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Repealed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 § 21-10-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-10-3.