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§ 43-23-6 Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages.

SD Codified L § 43-23-6 (2019) (N/A)
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43-23-6. Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages. If a delinquent owner neglects or refuses to erect or repair a partition fence within the time specified in § 43-23-5, the aggrieved owner may erect or repair the partition fence. The aggrieved owner may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.

Source: SL 1909, ch 197, § 4; RC 1919, § 10534; SDC 1939, § 19.0104; SL 1990, ch 350, § 2.

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§ 43-23-5 Neglect or refusal to erect and maintain half of legal fence--Enforcement by adjoining landowner--Service of notice and demand.
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§ 43-23-7 Erection of partition fence not required when earth is frozen.