{"data":{"id":"us-sd/sdcl-21-10-25.8","jurisdiction":"us-sd","citation":"SDCL § 21-10-25.8","heading":"Agricultural operation nuisance--Punitive damages.","body":"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:\n(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\n(2) The conviction or judgment occurred within three years of the first action forming the basis of the nuisance action.","path":["TITLE 21. JUDICIAL REMEDIES","CHAPTER 21-10. REMEDIES AGAINST NUISANCES"],"source_url":"https://sdlegislature.gov/Statutes/21-10-25.8","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"b19eb45fddbf23598f5edd32c516f07a8fb956e3fb2f85ba4023700736f05e18","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-21-10-25.7","next":"us-sd/sdcl-21-10-25.9"},"notice":"GroundRules: Original legal text. Not legal advice."}