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S.D. Codified Laws § 41-9-1.3

Requirements for hunting, fishing or trapping along section-line or highway

Applied in 1 court decision — leading case Patterson v. Plowboy, LLC (2021)

Most recently applied in Patterson v. Plowboy, LLC (April 2021)

Source: SL 1996, ch 252, § 2.

For purposes of § 41-9-1.1 any public right-of-way along a section-line or other highway is open for public hunting, fishing, or trapping if:

(1) 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; or

(2) An intentional alteration or adaptation has been made to the right-of-way to enhance the natural terrain's utility for vehicular travel or to permit vehicular travel where it was not previously possible.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.