South Dakota Codified Laws 34A-10-10. Affirmative defense of no reasonable alternative–Burden of proof and weight of evidence
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The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant’s conduct and that such conduct is consistent with the promotion of the public health, safety, and welfare in light of the state’s paramount concern for the protection of its natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the principles of burden of proof and weight of the evidence generally applicable in civil actions in the circuit courts shall apply to actions brought under this chapter.
Terms Used In South Dakota Codified Laws 34A-10-10
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Source: SL 1973, ch 144, § 4 (1); SDCL Supp, § 21-10A-10.