SDCL 9-46-2

— under REMEDIES AGAINST NUISANCES.

Any private person may abate a public nuisance which is specially injurious to that person or any private nuisance injurious to that person by removing or if necessary destroying that which constitutes the nuisance without committing a breach of the peace or doing unnecessary injury. If a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon the wrongdoer's land, reasonable notice shall be given to the wrongdoer before entering to abate it. Source: SDC 1939 & Supp 1960, § 37.4707; SL 1981, ch 167 ; SL 1991, ch 182 ; SL 2004, ch 145 , § 1; SL 2020, ch 30 , § 15.