South Dakota Statutes
§ 38-1-45 — Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
South Dakota·Title 38 AGRICULTURE AND HORTICULTURE·Ch. 38-1 STATE DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES
Before a person holding a patent on transgenic seed may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether patent infringement has occurred, the person holding the patent:
(1)Shall notify the farmer in writing of the allegation that a patent infringement has occurred and request written permission to enter upon the farmer's land; and (2) Shall obtain the written permission of the farmer. The farmer shall grant or deny access within seven days of receipt of request to enter the land. If the farmer withholds written permission, the person holding a patent may petition the circuit court for an order granting permission to enter upon the farmer's land.
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South Dakota § 38-1-45 (Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 2002, ch 188, § 2.
Nearby Sections
15
§ 38-1-11
Executive assistants--Oath.§ 38-1-15
Secretary and executives devote entire time to office--Restrictions on holding of other office.§ 38-1-16
Promulgation of rules.§ 38-1-17
Repealed§ 38-1-18
Promotion of agricultural interests--Experimental and extension work--Marketing of farm products.§ 38-1-18.1
Grants and donations for promotion of and service to agriculture--Deposit and expenditure of funds.§ 38-1-19.1
Repealed