South Dakota Statutes
§ 43-17-2 — Upland owner taking to edge of navigable lake or stream at low
South Dakota § 43-17-2
This text of South Dakota § 43-17-2 (Upland owner taking to edge of navigable lake or stream at low) 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 § 43-17-2 (2026).
Text
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 .
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Related
Parks v. Cooper
2004 SD 27 (South Dakota Supreme Court, 2004)
South Dakota Wildlife Federation v. Water Management Board
382 N.W.2d 26 (South Dakota Supreme Court, 1986)
Legislative History
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.
Nearby Sections
15
§ 43-1-1
Property defined.§ 43-1-2
Classes of property.§ 43-1-4
Land as solid material of earth.§ 43-1-6
Law governing real property.§ 43-1-7
Law governing personal property.§ 43-10-13
Repealed§ 43-11-10
Power in trust defined.§ 43-11-11
General power in trust defined.§ 43-11-12
Special power in trust defined.§ 43-11-13
Capacity to create power.§ 43-11-14
Manner of creating power.§ 43-11-15
Vesting of power.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 43-17-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-17-2.