Any person seeking to recover damages pursuant to § 40-28-18 shall file suit no later than one year after the trespass occurred or six months after he knew or should have known of the injury resulting from the trespass.
S.D. Codified Laws § 40-28-20
Limitation of actions for damages
Applied in 3 court decisions — leading case Zoss v. Schaefers (1999)
Most recently applied in Zoss v. Schaefers (August 1999)
Source: SL 1883, ch 115, § 1; CL 1887, § 5569; RCCivP 1903, § 817; SL 1907, ch 244, § 1; RC 1919, § 2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, …
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.