No, squatting in South Dakota is illegal under state law, as unauthorized occupation of property constitutes criminal trespass or burglary. Landlords must follow strict eviction procedures via circuit courts, while local sheriffs enforce removal under SDCL 22-35-1. Recent 2026 legislative updates mandate faster judicial processing for squatter removals to curb property crime.
Key Regulations for Squatting in South Dakota
- Criminal Trespass (SDCL 22-35-1): Unauthorized entry onto private property is a Class 2 misdemeanor, punishable by up to 30 days imprisonment and/or $500 fines. Repeat offenses escalate to felony charges under SDCL 22-35-2.
- Eviction Process (SDCL 21-16): Landlords must obtain a court order via forcible entry and detainer (FED) proceedings. Squatters gain no tenancy rights, even after 30 days of occupation, per SD Supreme Court rulings (2024).
- Local Enforcement: County sheriffs (e.g., Minnehaha, Pennington) prioritize squatter removals under 2026 DOJ directives, requiring landlords to provide proof of ownership and prior notice of trespass.
Violators face immediate arrest; property owners should document trespass with photos, utility records, and police reports to expedite legal action.