21-60-1      Destruction of field crops, animals, or organisms prohibited--Liability--Exceptions.
21-60-2      Calculation of damages.
21-60-3      Limitation on damages.

21-60-1. Destruction of field crops, animals, or organisms prohibited--Liability--Exceptions.

No person other than the owner may, willfully and knowingly, damage or destroy any field crop, animal, or organism product that is grown for personal or commercial purposes, or for testing or research purposes, in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency. Any person who violates this provision is liable for twice the value of the crop, animal, or organism damaged or destroyed. However, this section does not apply to crops, animals, or organism damaged or destroyed by emergency vehicles and personnel acting in a reasonable and prudent manner.

Source: SL 2001, ch 110, § 1.

21-60-2. Calculation of damages.

In awarding damages under this chapter, the court shall consider the market value of the crop, animal, or organism prior to damage or destruction, and production, research, testing, replacement, and development costs directly related to the crop, animal, or organism that has been damaged or destroyed as part of the value.

Source: SL 2001, ch 110, § 2.

21-60-3. Limitation on damages.

Damages available under this chapter are limited to twice the market value of the crop, animal, or organism prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement, and development costs directly related to the crop, animal, or organism that has been damaged or destroyed.

Source: SL 2001, ch 110, § 3.