reglab/housing_qa huggingface dataset:
SD Codified L § 43-17-20 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-20 - Establishment of water marks on lakes--Definition of terms.

43-17-20. Establishment of water marks on lakes--Definition of terms.Terms used in §§43-17-21 to 43-17-26, inclusive, unless the context otherwise requires, mean:(1)"Board," the Water Management Board created by §1-41-15 and further defined in §1-41-15.4;(2)"Ordinary high water mark," the term as defined in decisions rendered by the courts of this state;(3)"Ordinary low water mark," the term as defined in decisions rendered by the courts of this state. Source: SL 1978, ch 305, §1; SL 1981, ch 308, §1; SL 1985, ch 337, §2; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
SD Codified L § 43-17-21 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-21 - Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions.

43-17-21. Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions.The Water Management Board shall establish, pursuant to §43-17-28 and in accordance with the contested case provisions of chapter 1-26, the ordinary high water mark and install benchmarks and may establish the ordinary low water mark on public lakes which are used for public purposes including, but not limited to boating, fishing, swimming, hunting, skating, picnicking, and similar recreational pursuits. The board may rescind and redetermine the ordinary high water mark and ordinary low water mark, in accordance with the contested case provisions of chapter 1-26, should significant natural changes occur in these levels as determined by the board. Source: SL 1978, ch 305, §2; SL 1981, ch 308, §2; SL 1985, ch 337, §3.
SD Codified L § 43-17-23 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-23 - Natural factors given precedence in water marks--When man-made influences considered.

43-17-23. Natural factors given precedence in water marks--When man-made influences considered.In determining the ordinary high water mark, natural factors take precedence. Man-made influences, either those that have been constructed to lower the mark or those constructed to raise the mark, shall be disregarded unless the influences have been lawfully constructed or have existed and been accepted for a period of time determined by the Water Management Board to be the equivalent of natural conditions. Source: SL 1978, ch 305, §3; SL 1981, ch 308, §3.
SD Codified L § 43-17-24 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-24 - Investigation of site where water mark to be established--Consultation with other agencies--Public hearings.

43-17-24. Investigation of site where water mark to be established--Consultation with other agencies--Public hearings.To determine the ordinary high water mark and ordinary low water mark for a lake, the Water Management Board may on the application of any of the parties or on its own motion, physically investigate the site, confer with other state and local agencies having responsibilities in the lake or its bed, and may hold public hearings in addition to those required by chapter 1-26. Source: SL 1978, ch 305, §4; SL 1981, ch 308, §4; SL 1987, ch 316, §2.
SD Codified L § 43-17-24.1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-24.1 - Notice of public hearings on water marks.

43-17-24.1. Notice of public hearings on water marks.The Water Management Board shall serve notice on all persons who can be identified with reasonable diligence and who own property which may be affected by a water mark determination, of the date of the hearing required by this chapter. Notice shall consist of service by first class mail at least twenty days prior to the hearing and publication in an official newspaper in each county where a lake is located at least once a week for two consecutive weeks. The second publication shall occur at least four days before the initial day of the board meeting at which the hearing will be held. Source: SL 1981, ch 308, §6.
SD Codified L § 43-17-24.2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-24.2 - Prior decisions on water marks validated--Rights barred by no action.

43-17-24.2. Prior decisions on water marks validated--Rights barred by no action.Any decision of the Water Management Board setting a high water mark or a low water mark prior to January 1, 1992, is hereby cured, legalized, and validated as fully as if the decision had been issued in full compliance with §43-17-24.If any person has any vested right in any real or personal property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10. Source: SL 1987, ch 316, §1; SL 1992, ch 307, §53.
SD Codified L § 43-17-25 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-25 - Reconsideration of water marks established by board--Final unless appealed to courts.

43-17-25. Reconsideration of water marks established by board--Final unless appealed to courts.The Water Management Board shall reconsider its establishment of water marks upon request, if the request is made within a period of sixty days following the publication of the order establishing the water marks, and if additional pertinent information or data is made available to the board in the request. The decision on the establishment of water marks by the board, including those resulting from any reconsideration request, is final unless an appeal is made to the courts as provided by law. Source: SL 1978, ch 305, §5.
SD Codified L § 43-17-26 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-26 - Ownership and rights of use unaffected.

43-17-26. Ownership and rights of use unaffected.Nothing in §§43-17-20 to 43-17-25, inclusive, shall be construed to alter rights of ownership and use of any lands bordering upon navigable lakes or streams or those portions of such lands between ordinary high water mark and ordinary low water mark. Source: SL 1978, ch 305, §7; SL 1981, ch 308, §5.
SD Codified L § 43-17-27 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-27 - Marks previously determined not affected--Effect on pending proceedings for determination.

43-17-27. Marks previously determined not affected--Effect on pending proceedings for determination.The provisions of §§43-17-2, 43-17-20, 43-17-21, and 43-17-28 to 43-17-30, inclusive, do not affect any ordinary high or low water mark finally determined at law prior to March 2, 1985, the rights of ownership or use of any land bounded by an ordinary high or low water mark so established, nor any proceedings to establish an ordinary high or low water mark commenced but not finally determined prior to March 2, 1985. Public access, however, to lands below an ordinary high water mark established in proceedings commenced but not finally determined prior to March 2, 1985, shall be governed by §43-17-2. With respect to lakes for which proceedings to establish the ordinary high water mark are initiated on or after March 2, 1985, the effective date of §43-17-2 shall be July 1, 1986. Source: SL 1985, ch 337, §5.
SD Codified L § 43-17-28 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-28 - Persons who may request board determination--Jurisdiction of courts.

43-17-28. Persons who may request board determination--Jurisdiction of courts.The Water Management Board shall determine any ordinary high or low water mark upon receiving a written request from an owner or lessee of real property riparian to a public lake, from twenty-five electors of the state or from a person seeking to develop, with approval by the Department of Game, Fish and Parks, the bed of a public lake for wildlife management purposes. The provisions of this section do not diminish the jurisdiction of the courts of this state otherwise to determine any ordinary high or low water mark in appropriate proceedings. Source: SL 1985, ch 337, §6.
SD Codified L § 43-17-29 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-29 - Public rights in lake above high water mark.

43-17-29. Public rights in lake above high water mark.If any water level rises above the ordinary high water mark of a navigable lake, the right of the public to enjoyment of the entire lake may not be limited, except that access to the lake shall be by public right-of-way or by permission of the riparian landowner and is subject to §§43-17-2, 43-17-31, 43-17-32, and 43-17-33. Source: SL 1985, ch 337, §7; SL 1989, ch 379, §2.
SD Codified L § 43-17-30 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-30 - Powers of Department of Game, Fish and Parks.

43-17-30. Powers of Department of Game, Fish and Parks.Nothing in §§43-17-2, 43-17-20, 43-17-21, and 43-17-27 to 43-17-29, inclusive, diminishes any power of the Department of Game, Fish and Parks to administer, control, or otherwise regulate any lands or interest in lands within its jurisdiction. Source: SL 1985, ch 337, §8.
SD Codified L § 43-17-31 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-31 - Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception.

43-17-31. Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception.The provisions of §§43-17-2 and 43-17-29 notwithstanding, any landowner may deny public access to his taxable property, including inundated property if such property has been inundated for a period of at least three years, borders the water's edge and lies above the ordinary high water mark of a navigable lake that includes at least five thousand acres of inundated land in private ownership. A landowner who chooses to deny access to his inundated lake property pursuant to this section shall request the Department of Game, Fish and Parks to mark the boundaries of the affected property, and the department shall, upon request, clearly mark the restricted area so that the markings are plainly visible and understandable to a user of the lake. This section does not apply to public highways that are maintained for use by motor vehicles. Source: SL 1989, ch 379, §3.
SD Codified L § 43-17-32 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-32 - Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions.

43-17-32. Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions.Any landowner may deny a state agency the use of his taxable property, including inundated property if such property has been inundated for a period of at least three years, borders the water's edge and lies above the ordinary high water mark of a navigable lake that includes at least five thousand acres of inundated land in private ownership. Any state agency may allow public access for stated purposes to taxable private property if the landowner has given his permission for such access and use and if all taxes paid by the landowner on the property for the period in which the property is open to public use are reimbursed by the state agency. This section does not apply to public highways that are maintained for use by motor vehicles. Source: SL 1989, ch 379, §4.
SD Codified L § 43-17-33 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-33 - Public access to private lands pursuant to § 43-17-32--Identification of affected property by state agency.

43-17-33. Public access to private lands pursuant to §43-17-32--Identification of affected property by state agency.If public access to taxable private lands is allowed by a state agency pursuant to §43-17-32, the agency shall identify and mark the affected property in a manner that is plainly visible and understandable to a user of the property. Source: SL 1989, ch 379, §5.
SD Codified L § 43-17-34 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-34 - Navigable defined--Application of sections.

43-17-34. Navigable defined--Application of sections.A stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years. A dry draw, as defined in §46-1-6, is not navigable. This section does not apply to any stream or portion of a stream which is navigable pursuant to federal law. The provisions of §§43-17-34 to 43-17-36, inclusive, and §43-17-38 do not grant, create, recognize, convey, remove, or diminish any right or title to property. The provisions of this section apply only to the implementation of §§43-17-35 and 43-17-38. Source: SL 1990, ch 348; SL 2016, ch 214, §1.
SD Codified L § 43-17-35 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-35 - Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.

43-17-35. Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor.Any person who owns any tract of agricultural land on both sides of a navigable stream may, individually, fence such tract, or any persons who collectively own any tract of agricultural land on both sides of a navigable steam may, collectively, fence such tract:(1)If livestock are annually pastured on such tract;(2)If the fence is reasonably necessary to prevent the livestock from straying from such tract;(3)If the fence is so constructed and so marked that it does not, under daytime and nighttime conditions, constitute a danger to the public; and(4)If the fence is so constructed that the right of the public to utilize the navigable stream is not prohibited or unduly restricted.This section does not apply to any river or stream or portion of any river or stream that has been determined to be navigable pursuant to federal law. Construction of a fence in violation of this section is a Class 2 misdemeanor. Source: SL 1990, ch 349, §1.
SD Codified L § 43-17-36 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-36 - Promulgation of rules for safe use of stream.

43-17-36. Promulgation of rules for safe use of stream.The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish criteria, standards, and requirements for appropriate gates, switchbacks, or other devices that permit safe use of the stream and passage of boats, canoes, or other vessels, pedestrians, and snowmobiles in accordance with §43-17-35. Source: SL 1990, ch 349, §2.
SD Codified L § 43-17-40 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-40 - Responsibility for construction and maintenance of gate or opening.

43-17-40. Responsibility for construction and maintenance of gate or opening.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. Source: SL 1992, ch 311, §3.
SD Codified L § 43-17-41 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 17 - Water Boundaries And Riparian Lands|Section 43-17-41 - Liability for damage from fencing on both sides of navigable streams.

43-17-41. Liability for damage from fencing on both sides of navigable streams.No cause of action may arise against the owners, tenants, or lessees of any real estate for any injury to any person or death resulting therefrom or damage to property of the person in connection with the fencing of agricultural land on both sides of navigable streams if such fencing is in accordance with the provisions of §43-17-35.This section does not affect the doctrine of attractive nuisance or other legal doctrines relating to the liability arising from artificial conditions highly dangerous to children. Source: SL 1992, ch 310.
SD Codified L § 43-18-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-1 - Registered surveyor required to make survey or subdivision.

43-18-1. Registered surveyor required to make survey or subdivision.No survey of land or plat subdivision shall be legal unless made by a registered land surveyor. Source: SL 1893, ch 157, §11; RPolC 1903, §133; RC 1919, §8202; SDC 1939, §18.0201; SL 1970, ch 214, §39.
SD Codified L § 43-18-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-2 - Licensed engineers, architects, and surveyors may administer oaths to assistants.

43-18-2. Licensed engineers, architects, and surveyors may administer oaths to assistants.Every licensed engineer, architect, or surveyor shall be authorized to administer oaths to draftsmen, chainmen, rodmen, instrumentmen, and other assistants, who may be assisting them or participating in any work in which said engineer, architect, or surveyor is engaged in the practice of his profession. Source: SL 1893, ch 157, §17; RPolC 1903, §129; RC 1919, §8201; SDC 1939, §18.0205.
SD Codified L § 43-18-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-3 - Disturbance of monument erected by coast and geodetic survey or geological survey as misdemeanor.

43-18-3. Disturbance of monument erected by coast and geodetic survey or geological survey as misdemeanor.It is a Class 2 misdemeanor to injure, destroy, deface, or remove any monument erected by the United States Coast and Geodetic Survey or the United States Geological Survey. Source: SL 1919, ch 352; SDC 1939, §§18.0203, 18.9903; SL 1983, ch 15, §7.
SD Codified L § 43-18-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-4 - Disturbance of survey corners as petty offense.

43-18-4. Disturbance of survey corners as petty offense.No United States government survey corner nor any corner established by any registered land surveyor may be disturbed, removed, or in any manner changed by any person in the prosecution of any public or private work. A violation of this section is a petty offense. Source: SL 1893, ch 157, §12; RPolC 1903, §134; RC 1919, §8203; SDC 1939, §§18.0202, 18.9902; SL 1970, ch 214, §40; SL 1983, ch 15, §8.
SD Codified L § 43-18-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-5 - Restoration, relocation, or referencing of survey corner.

43-18-5. Restoration, relocation, or referencing of survey corner.Any registered land surveyor may restore, relocate, or reference a survey corner if same is recorded as provided by statute. Source: SL 1893, ch 157, §12; RPolC 1903, §134; RC 1919, §8203; SDC 1939, §18.0202; SL 1970, ch 214, §41.
SD Codified L § 43-18-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-6 - Resurvey and subdivision of lands--Law governing.

43-18-6. Resurvey and subdivision of lands--Law governing.The resurvey and subdivision of lands by all surveyors shall be in all respects according to the laws of the United States and the instructions issued by the officers thereof in charge of the public land surveys; and in the subdivision of fractional sections, bounded on any side by a meandered lake or river, or the boundary of any reservation or irregular survey, the subdivision lines running toward and closing upon the same shall be run at courses in all points intermediate and equidistant, as near as may be, between like section lines established by the original survey. Source: PolC 1877, ch 21, §99; CL 1887, §691; RPolC 1903, §923; RC 1919, §5990; SDC 1939, §12.1206.
SD Codified L § 43-18-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-7 - Original boundaries and monuments--Use in resurveys.

43-18-7. Original boundaries and monuments--Use in resurveys.In retracing lines or making the survey the surveyor shall take care to observe and follow the boundaries and monuments as run and marked by the original survey, but shall not give undue weight to partial and doubtful evidence or appearances of monuments, the recognition of which shall require the presumption of marked errors in the original survey, and he shall note an exact description of such apparent monuments. Source: PolC 1877, ch 21, §102; CL 1887, §694; RPolC 1903, §926; RC 1919, §5993; SDC 1939, §12.1207.
SD Codified L § 43-18-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-8 - Survey of lines or monuments in dispute--Disinterested persons as chainmen.

43-18-8. Survey of lines or monuments in dispute--Disinterested persons as chainmen.Whenever the survey made is of lines or monuments in dispute, or by order of any court, the chainmen must be disinterested persons, approved and sworn by the surveyor to measure justly and impartially to the best of their skill and ability. Source: PolC 1877, ch 21, §100; CL 1887, §692; RPolC 1903, §924; RC 1919, §5991; SDC 1939, §12.1208.
SD Codified L § 43-18-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 18 - Land Surveys|Section 43-18-9 - Record of field notes and plats--Matters required to be shown.

43-18-9. Record of field notes and plats--Matters required to be shown.The record of the field notes and plats shall show distinctly of what piece of land it is a survey, at whose request it was made, what owners were notified and present, the date of the survey, the names of the chainmen, and that they were approved and sworn by the surveyor, when so required by law. The courses shall be taken according to the true meridian, and the variation of the magnetic needle therefrom shall be noted, and also when any material change therein shall occur. Source: PolC 1877, ch 21, §101; CL 1887, §693; RPolC 1903, §925; RC 1919, §5992; SDC 1939, §12.1205.