South Dakota Statutes

§ 5-4-5 — Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.

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

This text of South Dakota § 5-4-5 (Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.) 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 § 5-4-5 (2026).

Text

The commissioner of school and public lands shall have authority to grant to any person, or telegraph, telephone, gas, oil, or other company an easement for its lines or mains, or for other public purposes, across or upon school and endowment lands, subject to such reasonable terms, conditions, and regulations as the commissioner may prescribe. Such grant shall not interfere with the cultivation of said lands, and shall not be made unless the public highways or section line rights - of - way are impractical for the purposes of the easement.

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Related

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

Legislative History

SL 1929, ch 219; SDC 1939, § 15.0402.

Nearby Sections

15
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Bluebook (online)
South Dakota § 5-4-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/5-4-5.