South Dakota Codified Laws 21-10-25.8. Agricultural operation nuisance–Punitive damages
Current as of: 2023 | Check for updates
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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
Terms Used In South Dakota Codified Laws 21-10-25.8
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(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.