43-17-40. Responsibility for construction and maintenance of gate or opening.
77 words·~1 min read·
/sd/title-43/chapter-43-17/43-17-40·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The responsibility for construction and maintenance of any gate or opening required pursuant to §§ 43-17-35 and 43-17-36 in a fence across a stream that is navigable pursuant to § 43-17-34 shall be shared equally among those persons who caused the fence to be constructed. Any liability arising from the construction of a fence across a stream that is navigable pursuant to § 43-17-34 shall be borne by those persons who caused the fence to be constructed.