41-17-26. Department required to fence land used for rails to trails program. The Game, Fish and Parks Department shall, unless otherwise agreed to by the adjoining landowner, construct a fence upon the boundaries of any property interest the state of South Dakota possesses along any railroad right-of-way acquired pursuant to the rails to trails program authorized by the National Trails System Act prior to development and use of the right-of-way as a public trail. After construction, the adjoining landowner shall have responsibility to maintain the fence and request materials from the Game, Fish and Parks Department which are reasonably needed to repair the fence.
Source: SL 1991, ch 345.
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