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. Unless the grant under which the land is held indicates a different intent, the owner of the upland, if it borders upon a navigable lake or stream, takes to the edge of the lake or stream at low water mark. All navigable rivers and lakes are public highways within fifty feet landward from the water's nearest edge, provided that the outer boundary of such public highway may not expand beyond the ordinary high water mark and may not contract within the ordinary low water mark, and subject to §§ 43-17-29, 43-17-31, 43-17-32, and 43-17-33.
Source: CivC 1877, § 266; CL 1887, § 2782; RCivC 1903, § 289; RC 1919, § 359; SDC 1939, § 51.0703; SL 1985, ch 337, § 1; SL 1989, ch 379, § 1.
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