§ 31-25-1.1 Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor.

SD Codified L § 31-25-1.1 (2019) (N/A)

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31-25-1.1. Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor. A landowner may erect a fence across an unimproved county, township, or section-line highway. For the purposes of this section an unimproved county, township, or section-line highway is any county, township, or section line not commonly used as a public right-of-way and never altered from its natural state in any way for the purpose of facilitating vehicular passage. At any point where a fence crosses such highway, the landowner shall erect and maintain an unlocked gate which may be opened easily or provide other suitable access to the highway. If the gate or other access is not large enough or if the gate does not open easily enough to satisfy the needs of those using the highway, the landowner shall erect a larger gate or a gate that can be more easily opened or provide other suitable access to the highway. The landowner shall erect the larger gate or the gate which opens easily or provide the other suitable access upon a request filed with the sheriff of the county in which the land is located by an adversely affected person. If a request is filed, the sheriff shall notify the landowner. The landowner shall comply with the provisions of this section within seven days of notice. A landowner who violates any of the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1984, ch 215, § 2.

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§ 31-25-1 Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.

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§ 31-25-2 Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner.