An owner of works for storage, carriage, or application of water to beneficial use has the right, if necessary, to cross school and public lands, subject to such reasonable conditions as may be prescribed by the commissioner of school and public lands. The owner of the works shall notify the commissioner in writing prior to the crossing. The notification shall contain a description of the works, the location of the land and a plat showing the proposed route of the works. The owner of the works shall bear the cost of construction of any device necessary to assure continued use of the land in the usual manner.
S.D. Codified Laws § 46-8-18
Right to cross school and public lands--Notice to commissioner
Applied in 1 court decision — leading case Walker v. Hilltop Irrigation, Inc. (1989)
Most recently applied in Walker v. Hilltop Irrigation, Inc. (May 1989)
Source: SDC 1939, § 61.0431; SL 1955, ch 431, § 1; SL 1983, ch 314, § 150.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.