5-5-19. Waste and burning on leased lands prohibited--Action for forfeiture and damages.No lessee of land for agricultural purposes shall burn or permit to be burned any hay, straw, stubble, or cornstalks on the land covered by his lease, and the commission of such waste or any other waste upon any such land by the lessee shall cause a forfeiture of the lease and shall render the lessee liable to the state for damages caused by such waste. Actions to enforce the provisions of this section shall be prosecuted by the state's attorney of such county, whenever he is directed so to do by the commissioner of school and public lands, in any court of competent jurisdiction of the county in which the land is situated. Source: SL 1917, ch 339, §17; RC 1919, §5649; SDC 1939, §15.0413.
South Dakota Legal Code