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South Dakota Codified Laws

S.D. Codified Laws § 9-46-2 (2026)

Liability of adjoining property owner for failure to keep sidewalks in repair.

✓ laws through the 2026 session (retrieved May 2026)
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9-46-2. Liability of adjoining property owner for failure to keep sidewalks in repair.

Any owner of real property who fails to keep the sidewalks abutting or adjoining the property in repair creates or maintains a public nuisance and the owner is liable to the municipality for any damage or injury caused by neglect and responsible for the costs of abating the public nuisance pursuant to § 21-10-6.

Source: SL 1890, ch 37, art XVI, § 24; RPolC 1903, § 1312; RC 1919, § 6363; SDC 1939, § 45.1605; SL 1986, ch 80; SL 2020, ch 30, § 4.

Notes of Decisions
Cited in 4 cases, 1982–2013 · leading case: Budahl v. Gordon & David Assocs., 323 N.W.2d 853 (S.D. 1982).
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Budahl v. Gordon & David Assocs., 323 N.W.2d 853 (S.D. 1982). · cites it 4× “1605, now SDCL 9-46-2, went beyond the usual statutory provisions found in other states, this Court was constrained to honor the specifics of that statute which provided, essentially, that the abutting owner was secondarily liable to the municipality for damages caused by the…”
Locke v. Gellhaus, 2010 S.D. 11, 778 N.W.2d 594. · cites it 8× “We stated that the predecessor to SDCL 9-46-2, authorizing cities to require abutting landowners to repair city sidewalks, created a limited exception to the common-law rule that landowners generally had no duty to the public.”
Patitucci v. City of Hill City & Granite Sports Inc., 2013 S.D. 62, 836 N.W.2d 623. · cites it 8× “] Patituccis, however, argued that Granite Sports could be secondarily hable to the City for damages under SDCL 9-46-2 if the City were found liable.”
City of Sioux Falls v. Murray, 470 N.W.2d 619 (S.D. 1991). “Additionally, SDCL 9-46-2 provides, in salient part: “Any owner of real property who fails to keep in repair the sidewalks in front of or along such property if he resides thereon, or if he does not reside thereon, to repair the same forthwith when notified, is liable to the…”
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