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Ex. DUT-SD-017 Standing duty Primary source read

SDCL 21-10-1 and 21-10-5, Acts and omissions constituting nuisances; remedies

Nuisance defined to include omitting to perform a duty that endangers the health or safety of others; remedies by civil action, abatement and, for public nuisances, indictment

South Dakota Legislature (codified statute) · South Dakota (State)

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The record

Jurisdiction
South Dakota
Level
State
Authority
S.D. Codified Laws title 21 (Judicial Remedies), ch. 21-10 (Remedies Against Nuisances)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • persons generally; owners or persons in control of premises
Character
sanitary code duty
Collection
Standing duties: South Dakota DUT-SD

Operative words

A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either: (1) Annoys, injures, or endangers the comfort, repose, health, or safety of others;... (4) In any way renders other persons insecure in life, or in the use of property.

Penalty

Civil action; abatement; indictment or information for a public nuisance (21-10-5)

What it required

Any act or omission of duty that 'endangers the... health, or safety of others' is a nuisance remediable by civil action, abatement and, where public, indictment or information (21-10-5); with SDCL 9-29-13 and 34-16-19 it is the standing law under which a business practice that spread disease could be abated, and it is the standard the health directives particularized.