South Dakota Easement or Right of Way for Access to Property
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FAQ
?A section line is a public right of way,? she said. ?The purpose of a section line is so you can maintain access to other parcels and lands.?
22-35-5. Criminal trespass--Violation as misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass.
In South Dakota, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
ND and SD don't have much potential for corner crossing issues because by state law every section line has a 33 foot public access easement each side unless specifically vacated by a county commission (very rare). Great public policy to prevent landlocked property.
The majority of this land is located in the western half of the state. School lands are available to the public for hunting and fishing. These lands must be legally accessed; anyone crossing private land to access school land must have the permission of the private landowner.
In South Dakota, riparian (adjacent) landowners own the land down to the Low Water Mark. Recreational users of water for public purposes however can use land located between the High and Low Water Mark via this right-of-way.
Except as provided in § 41-9-2, no person may fish, hunt, or trap upon any private land without permission from the owner or lessee of the land. A violation of this section is a Class 2 misdemeanor and is subject to § 41-9-8.