S.D. Codified Laws § 21-10-25.8

Current with legislation signed by the governor on or before 3/6/2024
Section 21-10-25.8 - Agricultural operation nuisance-Punitive damages

Any punitive damages claim in a private nuisance action brought against an agricultural operation is determined pursuant to § 21-3-2. Additionally, a plaintiff may not recover punitive damages in a nuisance action against an agricultural operation unless:

(1) The alleged nuisance is based on substantially the same conduct that was subject to a civil enforcement judgment or criminal conviction taken by any county, municipal, state, or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance; and
(2) The conviction or judgment occurred within three years of the first action forming the basis of the nuisance action.

SDCL 21-10-25.8

SL 2023, ch 65, §5.
Added by S.L. 2023, ch. 65,s. 5, eff. 7/1/2023.