South Dakota Statutes

§ 43-17-40 — Responsibility for construction and maintenance of gate or opening.

South Dakota § 43-17-40
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-17WATER BOUNDARIES AND RIPARIAN LANDS

This text of South Dakota § 43-17-40 (Responsibility for construction and maintenance of gate or opening.) 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 § 43-17-40 (2026).

Text

The responsibility for construction and maintenance of any gate or opening required pursuant to §§ 43-17-35 and 43-17-36 in a fence across a stream that is navigable pursuant to § 43-17-34 shall be shared equally among those persons who caused the fence to be constructed. Any liability arising from the construction of a fence across a stream that is navigable pursuant to § 43-17-34 shall be borne by those persons who caused the fence to be constructed.

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Legislative History

SL 1992, ch 311, § 3.

Nearby Sections

15
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Bluebook (online)
South Dakota § 43-17-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-17-40.