South Dakota Statutes

§ 34-35-14 — Possessory claim supporting recovery of fire damages.

South Dakota § 34-35-14
JurisdictionSouth Dakota
Title 34PUBLIC HEALTH AND SAFETY
Ch. 34-34RANGE AND FOREST FIRE PREVENTION

This text of South Dakota § 34-35-14 (Possessory claim supporting recovery of fire 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 § 34-35-14 (2026).

Text

In any action instituted in any court to recover damages for injury caused by the fire as provided in § 34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire has spread. It is sufficient in any such action to allege and prove that the person so injured was in the occupancy or possession of the property. In any action instituted in any court to recover fire suppression and extinguishment costs as provided in §§ 34-35-12 and 34-35-12.1 , it is not necessary for the person or governmental entity providing fire suppression services to allege or prove that it was in occupancy or had any possessory interest in the property over which the fire has spread.

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Legislative History

SDC 1939, § 20.0207; SL 1992, ch 251, § 2; SL 1996, ch 217, § 2.

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Bluebook (online)
South Dakota § 34-35-14, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/34-35-14.