Home/South Dakota/Statutes/Title 46: WATER RIGHTS/Ch. 46-8: EMINENT DOMAIN/§ 46-8-2
South Dakota Statutes

§ 46-8-2 — Permission required for entry on land for surveys--Liability for damages.

South Dakota § 46-8-2
JurisdictionSouth Dakota
Title 46WATER RIGHTS
Ch. 46-8EMINENT DOMAIN

This text of South Dakota § 46-8-2 (Permission required for entry on land for surveys--Liability for damages.) 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 § 46-8-2 (2026).

Text

No person may enter upon the lands of any other person without first obtaining written permission or a court order obtained pursuant to § 46-8-2.1 for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. Actual damages sustained by reason of the entrance are the responsibility of the person causing the damages.

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Related

Lewis & Clark Rural Water System, Inc. v. Seeba
2006 SD 7 (South Dakota Supreme Court, 2006)
29 case citations
LEWIS & CLARK RURAL WATER SYSTEM v. Seeba
2006 SD 7 (South Dakota Supreme Court, 2006)

Legislative History

SDC 1939, § 61.0416; SL 1955, ch 431, § 1; SL 1983, ch 314, § 133.

Nearby Sections

15
§ 46-1-1
Use of water of state--Paramount interest of people--Conversion to public use.
§ 46-1-10
Vested rights acquired before July 1, 1955, validated.
§ 46-1-11
Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.
§ 46-1-12
Suspension or cancellation of permit or license.
§ 46-1-13
Grant of water right for use outside state.
§ 46-1-14
Terms and conditions of permits and licenses--Amendment.
§ 46-1-15
Permit required for appropriation of waters.
§ 46-1-16
Authority of chief engineer to issue permits--Scheduling application.
§ 46-1-2
Development of water resources for public benefit.
§ 46-1-3
Water as property of people--Appropriation of right to use.
§ 46-1-4
Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.
§ 46-1-5
Domestic use of water takes precedence over appropriative rights--Governmental use.
§ 46-1-6
Definition of terms.
§ 46-1-7
Standards of measurement--Flow of water--Volume of water--Miner's inch.
§ 46-1-8
Beneficial use--Measure and limit of right to use of waters.
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Bluebook (online)
South Dakota § 46-8-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/46-8-2.