South Dakota Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
In ND and SD the public can (with a few rare exceptions) travel within 33' either side of a section line, which is a land boundary and a legal matter.
In all townships in this state, outside the limits of incorporated cities, and outside platted townsites, additions, or subdivisions recorded pursuant to sections 40-50.1-01 through 40-50.1-17 or recorded prior to July 1, 1987, under former chapter 40-50, the congressional section lines are considered public roads open ...
An easement is a permanent right authorizin-g a person or party to use the land or property of another for a particular purpose. In this case, a utility acquires certain rights to build and maintain a transmission line.
The public right-of-way along a section line or other highway is open for hunting if. The right-of-way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well-worn vehicle trail.
In South Dakota, eminent domain gives the government the power to take your property, even if you don't want to sell.
Walk-In areas are privately owned lands where you don't need landowner permission to hunt. No driving is allowed on Walk-In areas except on designated trails and parking areas. Private CREP lands are leased to the South Dakota Game, Fish and Parks. Every acre enrolled in CREP is open to the public hunting and fishing.
Statutory section line highways in South Dakota are sixty-six feet wide, thirty-three feet on each side of the section line. S.D.C.L. § 31-18-2 (1984). Thus the overall width of the highway is equal to one "chain," defined as a lineal land measure of sixty-six feet.
