I would disclose it.  Not sure what the law says.

Duane Hosek in the Black Hills of South Dakota

Levi:

I think if someone asks about it, they probably know or will find out anyway. 

If asked, maybe you can tell them in a matter of fact way that it was just a silly little misunderstanding that took place on the property.

It use to be mandatory for use to disclose that information but it isn't now. So I leave it up to the seller to decide whether or not to disclose it and it also depends how long ago it was.