No person may enter upon the lands of any other person without first obtaining written permission or a court order obtained pursuant to § 46-8-2.1 for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. Actual damages sustained by reason of the entrance are the responsibility of the person causing the damages.
S.D. Codified Laws § 46-8-2
Permission required for entry on land for surveys--Liability for damages
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: SDC 1939, § 61.0416; SL 1955, ch 431, § 1; SL 1983, ch 314, § 133.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.