21-10-25.2. State policy to protect agricultural operations from nuisance suits.It is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The Legislature finds that when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations, and many persons may be discouraged from making investments in farm improvements. It is the purpose of §§21-10-25 and 21-10-25.2 to 21-10-25.6, inclusive, to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. Source: SL 1991, ch 183, §1; SL 1994, ch 162; SDCL §21-10-25.1; SL 2023, ch 65, §8.
South Dakota Legal Code