CHAPTER 105

(SB 9)

Flooded land, liability to a trespasser revised.

         ENTITLED, An Act to  revise certain provisions pertaining to landowner liability for injuries sustained on flooded land.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 20-9-11 be amended to read as follows:

     20-9-11.   No Notwithstanding the provisions of subdivision 20-9-16(1), no cause of action may arise against the owner, tenant , or lessee of any real estate for any injury to any person or death resulting therefrom or damage to property of such person when such person is on the flooded lands of the owner, tenant , or lessee , with or without permission , irrespective of the method or means by which the trespass occurred , unless such death or injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant or lessee.

     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. This section does not preempt the standard of liability which a landowner owes to a person who has paid a charge to enter the land pursuant to subdivision 20-9-16(2).

     Signed February 28, 2001.

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