South Dakota Statutes
§ 31-3-2 — Public highway not established by mere use.
South Dakota § 31-3-2
JurisdictionSouth Dakota
Title 31HIGHWAYS AND BRIDGES
Ch. 31-2LOCATION, CHANGE AND VACATION OF HIGHWAYS
This text of South Dakota § 31-3-2 (Public highway not established by mere use.) 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 § 31-3-2 (2026).
Text
Notwithstanding § 31-3-1 , the mere use by the public of any route of travel along or across public or private land, or the right - of - way of any railroad company for any period, shall not operate to establish a public highway and no right shall inure to the public or any person by such use thereof.
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Related
Smith v. Sponheim
399 N.W.2d 899 (South Dakota Supreme Court, 1987)
Haley v. City of Rapid City
269 N.W.2d 398 (South Dakota Supreme Court, 1978)
State v. Tracy
539 N.W.2d 327 (South Dakota Supreme Court, 1995)
Calhoon v. Sell
71 F. Supp. 2d 990 (D. South Dakota, 1998)
Legislative History
SL 1893, ch 100; RPolC 1903, § 1632; RC 1919, § 8613; SDC 1939, § 28.0104.
Nearby Sections
15
§ 31-1-1
Highway defined.§ 31-10-1
Definition of terms.§ 31-10-13
Toll-free operation of acquired bridge.§ 31-10-14
Maintenance of acquired bridge.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 31-3-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/31-3-2.