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What Is the Statute of Limitations for Trespass in South Dakota?

In South Dakota, the statute of limitations for trespass is generally 6 years under SDCL § 15-2-13.

6 YEARS
Trespass to Land · South Dakota
✓ Verified Checked Sep 2026

Trespass Deadlines in South Dakota

How long do you have to file a trespass claim in South Dakota?

In South Dakota, the statute of limitations for trespass is generally 6 years under SDCL § 15-2-13.

When does the clock start for trespass in South Dakota?

Six years for trespass.

Can the South Dakota deadline for trespass be extended?

Actions for the recovery of real property are expressly excluded from this section and run on a separate track.

Is the deadline different if the claim is against the government in South Dakota?

Often, yes. Written notice within 180 days under SDCL § 3-21-2. SDCL § 3-21-2 requires written notice to the public entity within 180 days of the injury. South Dakota also grants the state, counties, cities, townships and school districts broad immunity from damages for neglectful conduct, and state officers and employees…

How does South Dakota compare to other states for trespass?

South Dakota's 6 years is in the middle of the range nationally. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Trespass to Land Cover?

Situations that typically fall under the trespass deadline in South Dakota:

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources
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Other Filing Deadlines in South Dakota

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed South Dakota attorney can tell you the deadline that applies to your situation.
See every filing deadline in South Dakota, or compare trespass across all states.
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