43-23-9. Removal of partition fence restricted to repair or construction of new fence.
If adjoining owners of land have shared the expense of erecting and maintaining a partition fence pursuant to the provisions of this chapter, neither owner shall have the right as against the owner of the adjoining lands to remove the same or any part thereof, except for the purpose of making immediate repairs or constructing a new fence.
Source: SL 1909, ch 197, §1; RC 1919, §10531; SL 1919, ch 204; SDC 1939, §19.0101; SL 1988, ch 350, §4.