A South Dakota easement or right of way for access to property is a legal concept that allows individuals or entities to gain access to someone else's property for various purposes. This legal tool ensures that property owners can access their land or allow others to access it for specific reasons, even if it requires crossing another person's property. There are several types of easements or rights of way in South Dakota that can grant access to a property: 1. Express Easements: This type of easement is explicitly created through a written agreement between the property owner granting the easement (the "granter") and the individual or entity benefiting from it (the "grantee"). It is often found in property deeds or in a separate easement agreement. 2. Implied Easements: Implied easements are not explicitly stated in written agreements but are instead implied by circumstances or actions. For example, if there is an implied easement to access a landlocked property because a previous owner had always used a road crossing another person's property to access it, the new owner may have the right to continue using that road. 3. Prescriptive Easements: Prescriptive easements are similar to implied easements but require specific elements to be proven over time. If an individual continuously and openly uses someone else's land without permission for a certain period (typically 20 years), they may acquire a prescriptive easement, granting them the legal right to access the property. 4. Easements by Necessity: When a landlocked property has no other access route except through another person's land, an easement by necessity may be created. This is typically established by the courts to ensure landlocked property owners can access their land. 5. Easements by Prior Use: If a property is divided, and the division creates a situation where one part of the divided land is dependent on the other part for access, an easement by prior use may be established. This allows the land that previously used an access route to continue doing so. 6. Public Easements: There are also easements or rights of way that can be granted for public purposes, such as roads, highways, or utility lines. These easements ensure that public infrastructure can be established and maintained for the benefit of the community. In South Dakota, easements and rights of way for access to property can have different stipulations, durations, or limitations depending on the specific circumstances and agreements involved. It is essential for property owners and potential beneficiaries to consult with legal professionals to understand their rights, obligations, and the process to establish or enforce an easement or right of way.
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?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.