Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.
S.D. Codified Laws § 21-10-2
Acts under statutory authority not deemed nuisance
Applied in 11 court decisions — leading case Kuper v. Lincoln-Union Electric Co. (1996)
Most recently applied in Mahmoudi v. City of Spearfish (August 2025)
Source: CivC 1877, § 2050; CL 1887, § 4684; RCivC 1903, § 2396; RC 1919, § 2069; SDC 1939 & Supp 1960, § 37.4703.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.