No routes acquired under the provisions of this chapter may be located within two hundred fifty feet of a dwelling house or other buildings on the premises or across any noncommercial orchard or garden without written consent of the owner. This section does not apply to works located in public rights-of-way or to water distribution systems as defined in § 46-1-6.
S.D. Codified Laws § 46-8-1.2
Location of routes restricted
Applied in 2 court decisions — leading case Lewis & Clark Rural Water System, Inc. v. Seeba (2006)
Most recently applied in LEWIS & CLARK RURAL WATER SYSTEM v. Seeba (January 2006)
Source: SL 1983, ch 314, § 134; SL 2006, ch 225, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.