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§ 43-17-27 Marks previously determined not affected--Effect on pending proceedings for determination.

SD Codified L § 43-17-27 (2019) (N/A)
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43-17-27. Marks previously determined not affected--Effect on pending proceedings for determination. The provisions of §§ 43-17-2, 43-17-20, 43-17-21, and 43-17-28 to 43-17-30, inclusive, do not affect any ordinary high or low water mark finally determined at law prior to March 2, 1985, the rights of ownership or use of any land bounded by an ordinary high or low water mark so established, nor any proceedings to establish an ordinary high or low water mark commenced but not finally determined prior to March 2, 1985. Public access, however, to lands below an ordinary high water mark established in proceedings commenced but not finally determined prior to March 2, 1985, shall be governed by § 43-17-2. With respect to lakes for which proceedings to establish the ordinary high water mark are initiated on or after March 2, 1985, the effective date of § 43-17-2 shall be July 1, 1986.

Source: SL 1985, ch 337, § 5.

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