South Dakota § 38-1-45 - Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
Full text of South Dakota South Dakota Codified Laws § 38-1-45 — Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition., with citation guidance and answers to common questions.
§ 38-1-45. Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.
Before a person holding a patent on transgenic seed may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether patent infringement has occurred, the person holding the patent:
(1) Shall notify the farmer in writing of the allegation that a patent infringement has occurred and request written permission to enter upon the farmer's land; and
(2) Shall obtain the written permission of the farmer.
The farmer shall grant or deny access within seven days of receipt of request to enter the land. If the farmer withholds written permission, the person holding a patent may petition the circuit court for an order granting permission to enter upon the farmer's land.
Source: SL 2002, ch 188, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 38-1-45
What does South Dakota Codified Laws § 38-1-45 cover?
Section 38-1-45 ("Entry upon other's land to obtain samples--Prerequisites--Denial of access--Petition.") 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 § 38-1-45?
A common citation format is "South Dakota Codified Laws § 38-1-45" (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 § 38-1-45 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.