No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of the trespass enclosed by a legal fence, as defined in §§ 43-23-3 and 43-23-4.
S.D. Codified Laws § 40-28-5
Trespass liability not applicable to unfenced lands within national forests
Applied in 1 court decision — leading case Hitzel v. Clark (1983)
Most recently applied in Hitzel v. Clark (May 1983)
Source: SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401; SL 2001, ch 224, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.