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2020 South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 28 - Damage By Animals Trespassing Or Running At Large
- Section 40-28-1 - Permitting adult male animal to run at large as petty offense.
- Section 40-28-2 - Castration lawful for adult male animal running at large--Liability for unauthorized castration.
- Section 40-28-3 - Running at large defined.
- Section 40-28-4 - Liability for trespass by livestock--Exception where fence inadequate.
- Section 40-28-5 - Trespass liability not applicable to unfenced lands within national forests.
- Section 40-28-6 - Notice to livestock owner of injury from trespass.
- Section 40-28-7 - Retention of trespassing livestock until damages paid.
- Section 40-28-8 - Notice to owner of seizure of trespassing animals.
- Section 40-28-9 - Security given by owner for release of trespassing animals held for damages.
- Section 40-28-10 - Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee.
- Section 40-28-11 - Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff to take possession and care for animals.
- Section 40-28-12 - Sheriff's lien for expenses.
- Section 40-28-13 - Unauthorized taking of animal from person with lawful possession as misdemeanor.
- Section 40-28-14 - Recovery of animals from sheriff by giving bond and paying costs.
- Section 40-28-15 - Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.
- Section 40-28-16 - County reimbursement of sheriff for costs not recovered from sale--Recovery from owner of animals.
- Section 40-28-17 - Actions by county and landowner for costs and damages--Application of proceeds of sale.
- Section 40-28-18 - Civil action for damages from trespassing animals--Venue--Procedure.
- Section 40-28-19 - Repealed.
- Section 40-28-20 - Limitation of actions for damages.
- Section 40-28-21 - Surplus proceeds of sale--Disposition.
- Section 40-28-22 - Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.
- Section 40-28-23 - Damages and expenses recovered by landowner.
- Section 40-28-24 - Judgment against plaintiff when no damage sustained.
- Section 40-28-25 - Judgment as lien on trespassing animals.
- Section 40-28-26 - Exemptions limited to absolute exemptions.
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