Section 34-35-14 - Possessory claim supporting recovery of fire damages. - South Dakota Statutes

34-35-14. Possessory claim supporting recovery of fire damages. In any action instituted in any court to recover damages for injury caused by the fire as provided in § 34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire has spread. It is sufficient in any such action to allege and prove that the person so injured was in the occupancy or possession of the property. In any action instituted in any court to recover fire suppression and extinguishment costs as provided in §§ 34-35-12 and 34-35-12.1, it is not necessary for the person or governmental entity providing fire suppression services to allege or prove that it was in occupancy or had any possessory interest in the property over which the fire has spread.

Source: SDC 1939, § 20.0207; SL 1992, ch 251, § 2; SL 1996, ch 217, § 2.