Subject to any official controls pursuant to this chapter and chapter 46A-11, drains may be laid along, within the limits of, or across any public highway. If a highway is constructed along or across a drain, the board or officers in charge of such highway shall keep the drain free and clear of obstruction.
S.D. Codified Laws § 46A-10A-71
Drains along or across highways
Applied in 2 court decisions — leading case Steiner v. County of Marshall (1997)
Most recently applied in McLAEN v. WHITE TOWNSHIP (May 2022)
Source: SL 1985, ch 362, § 72.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.