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40-28-5Trespass liability not applicable to unfenced lands within national forests.

No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of the trespass enclosed by a legal fence, as defined in §§ 43-23-3 and 43-23-4.

Source: SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401; SL 2001, ch 224, § 2.


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