The circuit court for the county in which a proposed water project is located has jurisdiction to issue an order permitting entry upon land for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. No order may be issued unless the petitioner can show a present intent to construct a project to put water to beneficial use.
S.D. Codified Laws § 46-8-2.1
Order of circuit court for entry on land
Applied in 1 court decision — leading case STROM TRUST v. SCS CARBON TRANSPORT, LLC (2024)
Most recently applied in STROM TRUST v. SCS CARBON TRANSPORT, LLC (August 2024)
Source: SL 1983, ch 314, § 133A.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.