A nuisance is a condition or use of property that interferes with adjoining landowners’ (neighbors) use and enjoyment of their properties; or endangers the life, health, enjoyment, or safety of others; or is offensive to others. Loud noises, foul odors, unsightly conditions, and illegal or immoral activities (such as prostitution or illegal drug activity) on a property are common examples of nuisances.

Trash, litter, uncut grass or vegetation, untrimmed trees, graffiti, and abandoned motor vehicles and tires are also common subjects of nuisance abatement efforts—often undertaken by a city or town’s code compliance or code enforcement department or division.

Abatement is generally the act of stopping, eliminating, or nullifying some condition or activity. Nuisance abatement or abatement of a nuisance generally includes stopping or eliminating a noise, odor, unsightly condition, or other nuisance—or repairing or demolishing a home, apartment complex, or other building the owner has failed to maintain and that endangers the life, health, safety, or life enjoyment of persons in the neighborhood.

State laws (statutes) often provide local governments with certain nuisance abatement powers to compel the owner of a property to fix or remedy the conditions creating a nuisance—and if the owner fails to do so, the local government may do so, such as by demolishing or razing a building.

Under some circumstances the local government may choose to repair or rehabilitate the nuisance condition—or remove, remediate, transport, and dispose of materials or property on the premises that are creating the nuisance.

Local governments may also have the right to prohibit access to the premises by some or all persons, and to control access to the premises.

In South Dakota, nuisance is defined as any activity or condition that interferes with the use and enjoyment of property, poses a danger to health or safety, or is offensive to others. Examples include loud noises, foul odors, unsightly conditions, and illegal activities. Local governments in South Dakota have the authority to address nuisances through abatement efforts, which may involve enforcing codes related to trash, vegetation, graffiti, and abandoned vehicles. Abatement actions can include the cessation, removal, or remediation of the nuisance. If a property owner fails to maintain their property and it becomes a danger or interferes with the enjoyment of others, the local government may intervene to repair, demolish, or otherwise remedy the situation. This can extend to prohibiting or controlling access to the premises. State statutes provide the framework for local governments to exercise these powers, ensuring that nuisances are managed in a way that protects the rights and quality of life of all residents.