South Dakota § 21-10-25.8 - Agricultural operation nuisance--Punitive damages.
Full text of South Dakota South Dakota Codified Laws § 21-10-25.8 — Agricultural operation nuisance--Punitive damages., with citation guidance and answers to common questions.
§ 21-10-25.8. Agricultural operation nuisance--Punitive damages.
Any punitive damages claim in a private nuisance action brought against an agricultural operation is determined pursuant to § 21-3-2. Additionally, a plaintiff may not recover punitive damages in a nuisance action against an agricultural operation unless:
(1) The alleged nuisance is based on substantially the same conduct that was subject to a civil enforcement judgment or criminal conviction taken by any county, municipal, state, or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance; and
(2) The conviction or judgment occurred within three years of the first action forming the basis of the nuisance action.
Source: SL 2023, ch 65, § 5.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 21-10-25.8
What does South Dakota Codified Laws § 21-10-25.8 cover?
Section 21-10-25.8 ("Agricultural operation nuisance--Punitive damages.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 21-10-25.8?
A common citation format is "South Dakota Codified Laws § 21-10-25.8" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 21-10-25.8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.