South Dakota Statutes
§ 21-3-5 — General measure of damages for wrongful occupation of real property.
South Dakota § 21-3-5
This text of South Dakota § 21-3-5 (General measure of damages for wrongful occupation of real property.) 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 § 21-3-5 (2026).
Text
The detriment caused by the wrongful occupation of real property, in cases not embraced in §§ 21-3-6 to 21-3-9 , inclusive, is deemed to be the value of the use of the property for the time of such occupation, not exceeding six years next preceding the commencement of the action or proceeding to enforce the rights to damages, and the costs, if any, of recovering the possession.
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Related
Shippy v. Hollopeter
304 N.W.2d 118 (South Dakota Supreme Court, 1981)
Legislative History
CivC 1877, § 1968; CL 1887, § 4601; RCivC 1903, § 2313; RC 1919, § 1985; SDC 1939 & Supp 1960, § 37.1903.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2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.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-3-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-3-5.