South Dakota § 43-17-41 - Liability for damage from fencing on both sides of navigable streams.
Full text of South Dakota South Dakota Codified Laws § 43-17-41 — Liability for damage from fencing on both sides of navigable streams., with citation guidance and answers to common questions.
§ 43-17-41. Liability for damage from fencing on both sides of navigable streams.
No cause of action may arise against the owners, tenants, or lessees of any real estate for any injury to any person or death resulting therefrom or damage to property of the person in connection with the fencing of agricultural land on both sides of navigable streams if such fencing is in accordance with the provisions of § 43-17-35.
This section does not affect the doctrine of attractive nuisance or other legal doctrines relating to the liability arising from artificial conditions highly dangerous to children.
Source: SL 1992, ch 310.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 43-17-41
What does South Dakota Codified Laws § 43-17-41 cover?
Section 43-17-41 ("Liability for damage from fencing on both sides of navigable streams.") 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 § 43-17-41?
A common citation format is "South Dakota Codified Laws § 43-17-41" (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 § 43-17-41 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.