45-4-14. Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor. Any person, firm, association, or corporation who makes or sinks discovery shafts, open cuts, adits, or equivalents on a mining claim or on mineral property, ground, or premises shall immediately, while using the discovery shafts, open cuts, adits, or equivalents, make them secure and safe, either by means of a substantial fence or otherwise, to guard against the possibility of livestock falling into or becoming injured or destroyed by reason of the openings. Before abandoning the discovery shafts, open cuts, adits, or equivalents, the person, firm, association, or corporation shall fill in or slope such openings, as a further precaution. Any person, firm, association, or corporation that fails or refuses to fully comply with this section is liable in damages for injury to or destruction of livestock caused thereby to the owner of the livestock and is guilty of a Class 2 misdemeanor.
Source: SL 1955, ch 153; SDC Supp 1960, §§ 42.0119, 42.9909; SL 1983, ch 15, § 18; SL 2011, ch 165, § 175.
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