South Dakota Statutes

§ 43-17-2 — Upland owner taking to edge of navigable lake or stream at low

South Dakota·Title 43 PROPERTY·Ch. 43-17 WATER BOUNDARIES AND RIPARIAN LANDS
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)
27 case citations
South Dakota Wildlife Federation v. Water Management Board
382 N.W.2d 26 (South Dakota Supreme Court, 1986)
14 case citations

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

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