South Dakota Statutes

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

South Dakota § 31-25-1
JurisdictionSouth Dakota
Title 31HIGHWAYS AND BRIDGES
Ch. 31-25FENCES, CATTLE WAYS AND LIVESTOCK GUARDS

This text of South Dakota § 31-25-1 (Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 31-25-1 (2026).

Text

The board of county commissioners of any county having within its boundaries, any county, township, or section - line highway not included in § 31-25-1.1 extending or running through or across grazing land, may, upon petition, signed by a majority of the adjacent landowners along the portion of such highway involved, and after a hearing is had, on notice mailed by the county auditor to all of said landowners, not less than ten days before such hearing, authorize such landowners to erect and maintain fences across such highway. However, the board of county commissioners shall require the erection of gates or grates, or both, in such fences at points designated by the board, so that the public may have access to the highway.

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Related

K & E Land and Cattle, Inc. v. Mayer
330 N.W.2d 529 (South Dakota Supreme Court, 1983)
72 case citations
Frawley Ranches, Inc. v. Lasher
270 N.W.2d 366 (South Dakota Supreme Court, 1978)
27 case citations
Alto Township v. Mendenhall
2011 SD 54 (South Dakota Supreme Court, 2011)
1 case citations

Legislative History

SL 1943, ch 39; SDC Supp 1960, § 12.06

Nearby Sections

15
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Bluebook (online)
South Dakota § 31-25-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/31-25-1.