Section 45-4-14 - Fencing of mining claim or mineral property--Protection of livestock--Abandonment, fillingin of openings--Neglect, civil liability for damages, criminal liability. - South Dakota Statutes

45-4-14. Fencing of mining claim or mineral property--Protection of livestock--Abandonment, filling in of openings--Neglect, civil liability for damages, criminal liability. Any person, firm, association, or corporation who makes or sinks discovery shafts, open cuts, adits, or equivalents thereto, on a mining claim, or on mineral property, ground, or premises shall forthwith, while using the same, make them secure and safe in a manner, either by means of a substantial fence or otherwise, so as to guard against the possibility of livestock falling into or in any manner becoming injured or destroyed by reason of such openings; and before abandoning the same, shall fill in or slope such openings, as a further precaution. Any person, firm, association, or corporation that fails or refuses to fully comply with this section is liable in damages for injury to or destruction of livestock caused thereby to the owner thereof and shall further be guilty of a Class 2 misdemeanor.

Source: SL 1955, ch 153; SDC Supp 1960, §§ 42.0119, 42.9909; SL 1983, ch 15, § 18.