South Dakota Statutes

§ 5-4-2 — Right

South Dakota § 5-4-2
JurisdictionSouth Dakota
Title 5PUBLIC PROPERTY, PURCHASES AND CONTRACTS
Ch. 5-4ADMINISTRATION OF SCHOOL AND PUBLIC LANDS

This text of South Dakota § 5-4-2 (Right) 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 § 5-4-2 (2026).

Text

There is hereby granted over all school and public lands, now or hereafter belonging to the state, a right - of - way for ditches or canals and for tunnels, tramways and telephone and electrical transmission lines, constructed by authority of the United States. There is also hereby granted to any person holding a valid water right under statutes of this state a right - of - way for the construction of dams, canals, water ditches, and laterals over all school and public land now and hereafter belonging to the state, when constructed by authority of the commissioner of school and public lands. All conveyances and contracts of sale of school and public lands shall contain a reservation of such right - of - way. Purchasers of school and public lands shall have the right to obtain water from an

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Related

Walker v. Hilltop Irrigation, Inc.
440 N.W.2d 521 (South Dakota Supreme Court, 1989)

Legislative History

SL 1907, ch 180, § 58; SL 1911, ch 262; RC 1919, § 8257; SDC 1939, § 61.0147; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0133.

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Bluebook (online)
South Dakota § 5-4-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/5-4-2.