Liability for damage from fencing on both sides of navigable streams.

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43-17-41. Liability for damage from fencing on both sides of navigable streams.

No cause of action may arise against the owners, tenants, or lessees of any real estate for any injury to any person or death resulting therefrom or damage to property of the person in connection with the fencing of agricultural land on both sides of navigable streams if such fencing is in accordance with the provisions of §43-17-35.

This section does not affect the doctrine of attractive nuisance or other legal doctrines relating to the liability arising from artificial conditions highly dangerous to children.

Source: SL 1992, ch 310.


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