South Dakota Statutes

§ 9-46-2 — Liability of adjoining property owner for failure to keep sidewalks in repair.

South Dakota § 9-46-2
JurisdictionSouth Dakota
Title 9MUNICIPAL GOVERNMENT
Ch. 9-44SIDEWALK IMPROVEMENTS

This text of South Dakota § 9-46-2 (Liability of adjoining property owner for failure to keep sidewalks in repair.) 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 § 9-46-2 (2026).

Text

Any owner of real property who fails to keep the sidewalks abutting or adjoining the property in repair creates or maintains a public nuisance and the owner is liable to the municipality for any damage or injury caused by neglect and responsible for the costs of abating the public nuisance pursuant to § 21-10-6 .

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Related

Budahl v. Gordon and David Associates
323 N.W.2d 853 (South Dakota Supreme Court, 1982)
24 case citations
City of Sioux Falls v. Murray
470 N.W.2d 619 (South Dakota Supreme Court, 1991)
3 case citations
Locke v. GELLHAUS
2010 SD 11 (South Dakota Supreme Court, 2010)
3 case citations

Legislative History

SL 1890, ch 37, art XVI, § 24; RPolC 1903, § 1312; RC 1919, § 6363; SDC 1939, § 45.1605; SL 1986, ch 80; SL 2020, ch 30, § 4.

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Bluebook (online)
South Dakota § 9-46-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/9-46-2.