For willfully holding over real property, by a tenant after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of the property, for the time of withholding, in addition to compensation for the detriment occasioned thereby.
S.D. Codified Laws § 21-3-8
Double damages for holding over by tenant after expiration of term and notice to quit
Applied in 4 court decisions — leading case LPN Trust v. Farrar Outdoor Advertising, Inc. (1996)
Most recently applied in Buffalo Ridge Corp. v. Lamar Advertising of South Dakota, Inc. (January 2011)
Source: CivC 1877, § 1976; CL 1887, § 4609; RCivC 1903, § 2321; RC 1919, § 1993; SDC 1939 & Supp 1960, § 37.1906.
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.