The commissioner of school and public lands shall have authority to grant to any person, or telegraph, telephone, gas, oil, or other company an easement for its lines or mains, or for other public purposes, across or upon school and endowment lands, subject to such reasonable terms, conditions, and regulations as the commissioner may prescribe. Such grant shall not interfere with the cultivation of said lands, and shall not be made unless the public highways or section line rights-of-way are impractical for the purposes of the easement.
S.D. Codified Laws § 5-4-5
Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical
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: SL 1929, ch 219; SDC 1939, § 15.0402.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.