If an action pursuant to § 21-10-1 is brought against an agricultural operation existing continuously, prior to the action, and which is located within one mile of the boundaries of the land use or occupancy of the plaintiff, and if the court finds there was no reasonable ground or cause for the action, the costs may be assessed to the plaintiff.
S.D. Codified Laws § 21-10-25.1
Costs assessed against plaintiff in certain agricultural operation nuisance actions
Applied in 1 court decision — leading case Telkamp v. South Dakota State Board of Equalization (1994)
Most recently applied in Telkamp v. South Dakota State Board of Equalization (April 1994)
Source: SL 1987, ch 161; SDCL § 21-10-25; SL 2023, ch 65, §§ 1, 8.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.