South Dakota Statutes
§ 40-28-5 — Trespass liability not applicable to unfenced lands within national forests.
South Dakota § 40-28-5
JurisdictionSouth Dakota
Title 40ANIMALS AND LIVESTOCK
Ch. 40-28DAMAGE BY ANIMALS TRESPASSING OR RUNNING AT LARGE
This text of South Dakota § 40-28-5 (Trespass liability not applicable to unfenced lands within national forests.) 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 § 40-28-5 (2026).
Text
No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of the trespass enclosed by a legal fence, as defined in §§ 43-23-3 and 43-23-4 .
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Related
Hitzel v. Clark
334 N.W.2d 37 (South Dakota Supreme Court, 1983)
Legislative History
SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401; SL 2001, ch 224, § 2.
Nearby Sections
15
§ 40-1-1
Definition of terms.§ 40-1-13
Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.§ 40-1-15
Repealed§ 40-1-17
Exemptions from chapters§ 40-1-18
Repealed§ 40-1-2
Repealed§ 40-1-2.2
Repealed§ 40-1-2.4
Cruelty to animals--Felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 40-28-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/40-28-5.