S.D. Codified Laws § 38-1-45

Current through the 2024 Legislative Session

Section 38-1-45 - Entry upon other's land to obtain samples-Prerequisites-Denial of access-Petition

Before a person holding a patent on transgenic seed may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether patent infringement has occurred, the person holding the patent:

(1) Shall notify the farmer in writing of the allegation that a patent infringement has occurred and request written permission to enter upon the farmer's land; and

(2) Shall obtain the written permission of the farmer.

The farmer shall grant or deny access within seven days of receipt of request to enter the land. If the farmer withholds written permission, the person holding a patent may petition the circuit court for an order granting permission to enter upon the farmer's land.

SDCL 38-1-45

SL 2002, ch 188, §2.