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.
S.D. Codified Laws § 41-9-1
Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor
Applied in 8 court decisions — leading case Benson v. State (2006)
Most recently applied in State v. Fideler (May 2023)
Source: SDC 1939, § 25.0427; SL 1947, ch 112, § 1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SL 1968, ch 100; SL 1972, ch…
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.