South Dakota
Title 43 · Chapter 43-17
43 entries
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43-17-1. Land below ordinary high-water mark of navigable lake or stream--Law governing ownership.
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43-17-2. Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways.
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43-17-3. Lands forming in bed of navigable stream or meandered lake belong to state--Exception.
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43-17-4. Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both.
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43-17-5. Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way.
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43-17-6. Surveying and subdividing accretion lands--Permanency of uncontested boundaries.
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43-17-7. Notice of survey of accretion lands--Consent of interested parties necessary.
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43-17-8. Plat of accretion lands by surveyor--Contents--Recording.
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43-17-9. Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line.
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43-17-10. Title to land by avulsion--Reclamation by original owner of part of land carried away.
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43-17-11. Stream forming new course--Abandonment of ancient stream bed--Owners of newly occupied land take ancient stream bed proportionately.
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43-17-12. New arm of stream--Island formed by division belongs to owner of shore.
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43-17-13. Ownership of island or accumulation of land in nonnavigable stream.
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43-17-14. Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey.
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43-17-15. Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials.
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43-17-16. Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands.
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43-17-17. Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts.
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43-17-18. Report and survey of relicted lands by commissioners--Adoption or modification by circuit court--Filing of certified copy of judgment--New trial and appeal.
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43-17-19. Costs of action to enforce plat and survey of relicted lands.
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43-17-20. Establishment of water marks on lakes--Definition of terms.
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43-17-21. Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions.
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43-17-22. 43-17-22. Repealed by SL 1985, ch 337, § 4
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43-17-23. Natural factors given precedence in water marks--When man-made influences considered.
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43-17-24. Investigation of site where water mark to be established--Consultation with other agencies--Public hearings.
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43-17-24.1. Notice of public hearings on water marks.
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43-17-24.2. Prior decisions on water marks validated--Rights barred by no action.
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43-17-25. Reconsideration of water marks established by board--Final unless appealed to courts.
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43-17-26. Ownership and rights of use unaffected.
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43-17-27. Marks previously determined not affected--Effect on pending proceedings for determination.
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43-17-28. Persons who may request board determination--Jurisdiction of courts.
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43-17-29. Public rights in lake above high water mark.
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43-17-30. Powers of Department of Game, Fish and Parks.
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43-17-31. Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception.
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43-17-32. Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions.
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43-17-33. Public access to private lands pursuant to § 43-17-32--Identification of affected property by state agency.
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43-17-34. Navigable defined--Application of sections.
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43-17-35. Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.
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43-17-36. Promulgation of rules for safe use of stream.
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43-17-37. 43-17-37. Repealed by SL 2016, ch 214, § 2.
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43-17-38. Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.
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43-17-39. 43-17-39. Repealed by SL 2016, ch 214, § 4.
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43-17-40. Responsibility for construction and maintenance of gate or opening.
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43-17-41. Liability for damage from fencing on both sides of navigable streams.