43-24-1      Townships covered by chapter--Assessed value of farmland--Petition for township election to make chapter applicable--Form of ballot--Effect of majority vote.
43-24-2      Adoption of chapter by civil township supersedes partition fence law.
43-24-3      Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence.
43-24-4      Duty of owner of adjoining land to build half of local option partition fence.
43-24-5      Fence upon which owners of adjoining lands agree is a legal fence.
43-24-6      Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition.
43-24-7      Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand.
43-24-8      Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages.
43-24-9      Erection of local option partition fence not required when earth is frozen.
43-24-10      Judgment for construction or repair of local option partition fence is lien upon land of delinquent owner.

43-24-1. Townships covered by chapter--Assessed value of farmland--Petition for township election to make chapter applicable--Form of ballot--Effect of majority vote.

This chapter shall not take effect and be in force in any township in this state where the average assessed valuation of agricultural or farmlands is less than thirty dollars per acre, unless a petition signed by at least ten percent of the legal freeholders of said civil township on or before February first, in any year, shall be submitted to the township board of supervisors by filing the same in the office of the town clerk, requesting such supervisors to submit to the voters of such civil township at the next township election on a separate ballot, the question whether or not this chapter shall be of force and effect in such civil township. Such ballot shall be in the following form: "Yes ____ No ____ for division and partition fence law." If a majority of voters of such township voting on such proposition shall vote in favor of the division and partition fence law, then this chapter shall be in force and effect in such township.

Source: SL 1917, ch 237, § 5; RC 1919, § 10539; SL 1919, ch 205; SDC 1939, § 19.0201.

43-24-2. Adoption of chapter by civil township supersedes partition fence law.

So long as this chapter is operative in any civil township, its provisions shall supersede the provisions of §§ 43-23-1 to 43-23-9, inclusive.

Source: SL 1917, ch 237, § 6; RC 1919, § 10540; SDC 1939, § 19.0202.

43-24-3. Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence.

Every owner of land is bound to bear one-half of the expense of erecting and maintaining partition fences between his own and adjoining lands.

Source: SL 1917, ch 237, § 1; RC 1919, § 10535; SDC 1939, § 19.0204.

43-24-4. Duty of owner of adjoining land to build half of local option partition fence.

Unless otherwise agreed upon each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands upon his own land and faces the line upon which the proposed fence is to be built.

Source: SL 1917, ch 237, § 2; RC 1919, § 10536; SDC 1939, § 19.0205.

43-24-5. Fence upon which owners of adjoining lands agree is a legal fence.

Any fence upon which the owners of such adjoining lands may agree, shall be a legal fence.

Source: SL 1917, ch 237, § 3; RC 1919, § 10537 (1); SL 1921, ch 236; SDC 1939, § 19.0203 (1).

43-24-6. Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition.

When such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound posts at least six and one-half feet long and four inches in diameter, or standard steel posts, and firmly set at least two feet in the earth and not over twenty feet apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each a woven-wire fence thirty-two inches high, the bottom of which shall be firmly stretched even with the ground, which woven-wire fence shall be of eight bars, with six inch stays, and wire to be not smaller than number ten or number thirteen wire; above such woven-wire fence shall be firmly stretched and securely attached to each post at least two strands of ordinary commercial barbed fencing wire, the lowest strand to be four inches from the top of such woven-wire fence and the upper strand to be sixteen inches from the top of such woven-wire fence.

Source: SL 1917, ch 237, § 3; RC 1919, § 10537 (2); SL 1921, ch 236; SDC 1939, § 19.0203 (2).

43-24-7. Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand.

If any owner of any land neglects or refuses to so erect and maintain one-half of a legal fence on the lines separating his land from adjoining land, the owner of the adjoining land may serve upon such delinquent owner a notice in writing, demanding that the delinquent owner shall erect or repair, as the case may be, a legal fence along one-half of such line, describing it, within thirty days from the date of the service of the notice and demand upon him.

Source: SL 1917, ch 237, § 4; RC 1919, § 10538; SDC 1939, § 19.0206; SL 1990, ch 350, § 3.

43-24-8. Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages.

If the delinquent owner so served with notice fails or refuses to erect or repair such partition fence within the time specified in § 43-24-7, the aggrieved owner of such adjoining land may erect or repair such partition fence, and may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.

Source: SL 1917, ch 237, § 4; RC 1919, § 10538; SDC 1939, § 19.0206; SL 1990, ch 350, § 4.

43-24-9. Erection of local option partition fence not required when earth is frozen.

Such delinquent owner shall not be required to erect such partition fence at any season when the earth is frozen.

Source: SL 1917, ch 237, § 4; RC 1919, § 10538; SDC 1939, § 19.0206.

43-24-10. Judgment for construction or repair of local option partition fence is lien upon land of delinquent owner.

The judgment entered for construction or repair of a partition fence shall be a lien upon the land of the delinquent owner for which it was constructed, superior to all other liens thereupon except taxes.

Source: SL 1917, ch 237, § 4; RC 1919, § 10538; SDC 1939, § 19.0206.