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S.D. Codified Laws § 38-21-46

Notice of damage--Requirements--Exception

Applied in 2 court decisions — leading case Durham v. Ciba-Geigy Corp. (1982)

Most recently applied in Jucht v. Schulz (August 2024)

Source: SL 1974, ch 255, § 20; SL 1991, ch 326, § 18; SL 2020, ch 174, § 18.

Any person claiming damages from any use of a pesticide shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of:

(1) Thirty days after the date that the damages were observed or should have been observed; or

(2) If a growing crop is alleged to have been damaged, before the time that twenty-five percent of the crop has been harvested or destroyed.

This section does not apply if the person seeking reimbursement for damage was the applicator of the pesticide.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.