43-23-6. Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages.
If a delinquent owner neglects or refuses to erect or repair a partition fence within the time specified in §43-23-5, the aggrieved owner may erect or repair the partition fence. The aggrieved owner may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.
Source: SL 1909, ch 197, §4; RC 1919, §10534; SDC 1939, §19.0104; SL 1990, ch 350, §2.