reglab/housing_qa huggingface dataset:
SD Codified L § 41-9-1 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-1 - Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.

41-9-1. Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.Except as provided in §41-9-2, no person may fish, hunt, or trap upon any private land without permission from the owner or lessee of the land. A violation of this section is a Class 2 misdemeanor and is subject to §41-9-8. Source: SDC 1939, §25.0427; SL 1947, ch 112, §1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SL 1968, ch 100; SL 1972, ch 225; SL 1973, ch 269, §1; SL 1974, ch 278, §4; SL 1991, ch 337, §62; SL 2009, ch 206, §57.
SD Codified L § 41-9-1.2 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-1.2 - Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor.

41-9-1.2. Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor.No person may hunt big game on interstate highways or controlled access facilities as defined in §31-8-1 within this state.No person may discharge a firearm, muzzleloader, crossbow, or bow and arrow at any big game animal, except turkey to be taken with a shotgun using shot shells or with a bow and arrow, from within the right-of-way of an improved public highway. However, any person who possesses a disabled hunter permit issued by the department to shoot from a vehicle as provided in §41-8-37 may hunt on public rights-of-way adjoining publicly-owned hunting areas and on rights-of-way adjoining private lands with the written permission of the owner or lessee.Retrieval of lawfully taken big game is permitted on all public rights-of-way.A violation of this section is a Class 2 misdemeanor. Source: SL 1981, ch 299, §2; SL 1989, ch 356; SL 1990, ch 335; SL 1991, ch 337, §63; SL 1996, ch 252, §4; SL 2008, ch 219, §1.
SD Codified L § 41-9-1.3 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-1.3 - Requirements for hunting, fishing or trapping along section-line or highway.

41-9-1.3. Requirements for hunting, fishing or trapping along section-line or highway.For purposes of §41-9-1.1 any public right-of-way along a section-line or other highway is open for public hunting, fishing, or trapping if:(1)The right-of-way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well-worn vehicle trail; or(2)An intentional alteration or adaptation has been made to the right-of-way to enhance the natural terrain's utility for vehicular travel or to permit vehicular travel where it was not previously possible. Source: SL 1996, ch 252, §2.
SD Codified L § 41-9-1.4 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-1.4 - Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor.

41-9-1.4. Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor.No person may discharge a firearm while on that portion of public waters of this state that inundate privately-owned property from a location which is within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or livestock being held in a confined area according to standard animal husbandry practices. However, a landowner or any person receiving permission from the landowner may discharge a firearm while on that portion of public waters that inundate the private property of that landowner. A violation of this section is a Class 2 misdemeanor. Source: SL 2001, ch 233, §1.
SD Codified L § 41-9-1.5 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-1.5 - Motorized vehicles not to be used in hunting from highways--Restrictions.

41-9-1.5. Motorized vehicles not to be used in hunting from highways--Restrictions.In order to protect the public safety, it is the intent of the Legislature that hunting from highways or other public rights-of-way be accomplished without the use of motorized vehicles. Therefore, the following restrictions apply to such hunting:(1)No person hunting small game from any highway or other public right-of-way pursuant to §41-9-1.1 may discharge a firearm at any small game animal unless the motor vehicle by which the person has been transported to the hunting location has, to the maximum extent practical, been parked off the main traveled portion of the highway or public right-of-way in a manner that does not create an unreasonable risk of injury or damage to other persons or property using the highway or public right-of-way;(2)If the person who discharges the firearm is more than fifty yards from the vehicle, the doors on the side of the vehicle nearest the roadway shall be closed, but the engine may be running; and(3)If the person who discharges the firearm is less than fifty yards from the vehicle, all of the vehicle doors shall be closed and the engine shall be turned off.A violation of this section is a Class 2 misdemeanor. Source: SL 2003, ch 225, §2.
SD Codified L § 41-9-1.6 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-1.6 - Penalty for endangerment of other while hunting on right-of-way.

41-9-1.6. Penalty for endangerment of other while hunting on right-of-way.Any person who, while hunting a road right-of-way, negligently endangers another person, or puts that person in fear of imminent serious bodily harm, is guilty of a Class 1 misdemeanor. Source: SL 2003, ch 225, §3.
SD Codified L § 41-9-2 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-2 - Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.

41-9-2. Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.In that part of the Black Hills Fire Protection District lying south of Interstate Highway 90, no person may enter upon any private land with intent to take or kill any bird or animal, after being notified by the owner or lessee not to do so. Such notice may be given orally or by posting written or printed notices to that effect at the residence or where the buildings are located on the private land, at the gates or entering places to the private land, and in conspicuous places around the land posted. A violation of this section is a Class 2 misdemeanor and is subject to §41-9-8. Source: SDC 1939, §25.0427; SL 1947, ch 112, §1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SDCL §41-9-3; SL 1968, ch 100; repealed SL 1973, ch 269, §3; re-enacted SL 1974, ch 278, §1; SL 1991, ch 337, §64; SL 2011, ch 194, §1.
SD Codified L § 41-9-4 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-4 - Posting private land without consent as misdemeanor--Posting public land.

41-9-4. Posting private land without consent as misdemeanor--Posting public land.It is a Class 1 misdemeanor for any person to post the lands of another without the written consent of its owner or lessee or to post public lands. Source: SL 1967, ch 94; repealed SL 1973, ch 269, §3; re-enacted SL 1974, ch 278, §2; SL 1977, ch 190, §571.
SD Codified L § 41-9-5 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-5 - Damage to or destruction of posted notices as misdemeanor.

41-9-5. Damage to or destruction of posted notices as misdemeanor.It is a Class 2 misdemeanor to remove, damage, mutilate, or destroy any notices legally posted pursuant to this chapter. Source: SDC 1939, §25.0428; SL 1967, ch 85, §11; repealed SL 1973, ch 269, §3; re-enacted SL 1974, ch 278, §3; SL 1977, ch 190, §572.
SD Codified L § 41-9-8 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-8 - Unauthorized hunting, fishing, or trapping--Revoked privileges--Unarmed retrieval of game--Driving or flushing game--Fine--Violation as misdemeanor.

41-9-8. Unauthorized hunting, fishing, or trapping--Revoked privileges--Unarmed retrieval of game--Driving or flushing game--Fine--Violation as misdemeanor.Any person who knowingly enters or remains on private property for the purpose of hunting, fishing, or trapping, in violation of §41-9-1 or 41-9-2, shall be fined five hundred dollars, and the person shall lose hunting, trapping, or fishing privileges for one year following the conviction. A person's hunting, fishing, or trapping privileges shall be revoked for two years following a second or subsequent conviction under §41-9-1 or §41-9-2 within ten years. The sentencing court may order the revocation of hunting, fishing, or trapping privileges authorized by this section to be served consecutively with any other revocation of the person's hunting, fishing, or trapping privileges imposed for a violation for which the person is convicted and for which revocation of the privileges is authorized under this title. If the person is the holder of a license to hunt, trap, or fish, the court shall require the license holder to surrender and deliver the license to the court to be returned to the Department of Game, Fish and Parks.Unarmed retrieval of lawfully taken small game from either private land or land controlled by the Department of Game, Fish and Parks or other public lands, is not a crime or petty offense, if the retrieval of the small game does not involve the use of a motor vehicle.It is a Class 2 misdemeanor for any person, while engaged in the retrieval of small game from private land without permission of the landowner or lessee of the land, to intentionally drive or flush any small game located on the land toward other hunters of the retriever's same hunting group located on other parcels of land or rights-of-way. It is a Class 2 misdemeanor for any person, who is a member of the same hunting group as the person performing the retrieval without the permission of the landowner or lessee of the land, to intentionally discharge a firearm at small game, except waterfowl, that originates from the private land during the retrieval.This section does not limit the civil remedies available to any landowner. Source: SL 1981, ch 300; SL 1991, ch 337, §66; SL 2004, ch 266, §1; SL 2009, ch 209, §4; SL 2019, ch 188, §1; SL 2020, ch 188, § 1.
SD Codified L § 41-9-9 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-9 - Hunter civil liability for injury, death, or property damage caused by negligent actions.

41-9-9. Hunter civil liability for injury, death, or property damage caused by negligent actions.Any person who is engaged, legally or illegally, in hunting is liable for any injury or death to any person or damages to property caused by the hunter's negligent actions. The injured person or the owner of the property that has been damaged may recover civil damages. Nothing herein shall abrogate any other provision of law. Source: SL 1992, ch 299.
SD Codified L § 41-9-10 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-10 - Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor.

41-9-10. Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor.No person may use a motor vehicle, as defined in subdivision 41-1-1(18), for purposes of hunting, fishing, or trapping on any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized. No person may use a motor vehicle, for purposes of hunting, fishing, or trapping to enter onto or to cross any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized. Any motor vehicle that is used to transport any person to any such lands for purposes of hunting, fishing, or trapping shall remain within a public right of way. Nothing in this section authorizes or prohibits hunting, fishing, or trapping in any area where those activities are otherwise authorized or prohibited. The prohibitions contained in this section do not restrict the use of motor vehicles on roads, trails, or parking areas designated and signed by the Department of Game, Fish and Parks pursuant to a management agreement with the commissioner of school and public lands. Nothing in this section prohibits using a motor vehicle on land under the control of the commissioner of school and public lands for normal lease activities by the lessee or for animal damage control activities. A violation of this section is a Class 2 misdemeanor. Source: SL 2000, ch 210, §1.
SD Codified L § 41-9-11 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way|Section 41-9-11 - Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor.

41-9-11. Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor.Any person who is hunting, fishing, or trapping or is engaged in any recreational activity upon private land shall upon request exhibit the person's license to hunt, fish, or trap, or if unlicensed or engaged in another recreational activity, shall provide the person's first name, last name, town or city of residence, and state or province of residence as shown on the person's driver license, state-issued identification card, or other form of valid identification for the purpose of verifying the person's identity to any person who has legal authority to control access to the private land where the hunting, fishing, trapping, or other recreational activity is occurring. A violation of this section is a Class 2 misdemeanor. Source: SL 2015, ch 211, §2.
SD Codified L § 41-10-1 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 10 - Private Shooting Preserves|Section 41-10-1 - Definition of terms.

41-10-1. Definition of terms.Terms used in this chapter mean:(1)"Commission," the Game, Fish and Parks Commission, acting directly or through its duly authorized officers or agents;(2)"Department," the Department of Game, Fish and Parks, acting directly or through its duly authorized officers or agents;(3)"Person," includes individuals, partnerships, associations, corporations, and limited liability companies;(4)"Shooting preserve," any acreage either privately owned or leased on which hatchery raised game is released for the purpose of hunting, for a fee, over an extended season. Source: SL 1963, ch 148, §2; SL 2005, ch 226, §1, eff. Mar. 9, 2005; SL 2011, ch 195, §1.
SD Codified L § 41-10-2 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 10 - Private Shooting Preserves|Section 41-10-2 - Issuance and renewal of operating permits.

41-10-2. Issuance and renewal of operating permits.The department may issue and renew shooting preserve operating permits for privately owned and operated shooting preserves. Source: SL 1963, ch 148, §4; SL 1984, ch 273, §77; SL 2005, ch 226, §2.
SD Codified L § 41-10-3 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 10 - Private Shooting Preserves|Section 41-10-3 - Application for permit--Maximum area of preserve.

41-10-3. Application for permit--Maximum area of preserve.Any person owning, holding, or controlling, by lease or otherwise, any contiguous tract of land of not more than two thousand five hundred sixty acres, who desires to establish a shooting preserve under the regulations provided in this chapter, may make application to the department for a shooting preserve operating permit. The application shall be made by the applicant or the applicant's agent or attorney, and shall be accompanied by a fee which is determined as provided by §41-10-4. Source: SL 1963, ch 148, §3; SL 2005, ch 226, §3.
SD Codified L § 41-10-4 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 10 - Private Shooting Preserves|Section 41-10-4 - Fee for permit.

41-10-4. Fee for permit.The fee for a shooting preserve operating permit is one hundred dollars per shooting preserve season plus forty cents for each acre within the boundary of the described shooting preserve. Source: SL 1963, ch 148, §3; SL 1986, ch 356, §1; SL 1987, ch 308, §2.
SD Codified L § 41-10-4.5 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 10 - Private Shooting Preserves|Section 41-10-4.5 - Notice of application--Submission of opinion--Status as interested party--Notice of decision.

41-10-4.5. Notice of application--Submission of opinion--Status as interested party--Notice of decision.Upon receipt of a written application for a new shooting preserve operating permit, the department shall notify the public of the application by publishing notice of the time and manner in which interested persons may present data, opinions, or arguments in writing to the department on the application and the manner in which interested persons may request status as an interested party and request receipt of written notice of the decision of the department. The department shall publish the notice once at least twenty days prior to the time designated by the department in the published notice in at least three newspapers of general circulation in areas of the state likely to be affected by the proposed permit. No more than ten days after the time designated by the department in the published notice, the department shall provide and mail by certified mail, return receipt requested, written notice of its decision made in accordance with the requirements of §41-10-7 to the applicant and to any person who submitted within the prescribed time and manner data, opinions, or arguments in writing to the department in opposition to issuance of the new operating permit and who requested the status as an interested party in accordance with this section and the published notice. The date that written notice of the decision is mailed to the applicant and to an interested person who requested the status of an interested party constitutes the respective date notice of application denial or approval has been provided as referenced in §§41-10-7.1 and 41-10-7.2. Source: SL 1995, ch 237; SL 2005, ch 226, §4.
SD Codified L § 41-10-6 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 10 - Private Shooting Preserves|Section 41-10-6 - Inspection of shooting preserve area--Evaluation of applicant's ability.

41-10-6. Inspection of shooting preserve area--Evaluation of applicant's ability.Upon receipt of the application for a shooting preserve operating permit, the department shall inspect the area described in the application, the premises, and the facilities. The department also shall evaluate the ability of the applicant to operate an area of this character. Source: SL 1963, ch 148, §5; SL 2005, ch 226, §5.
SD Codified L § 41-10-7 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 10 - Private Shooting Preserves|Section 41-10-7 - Issuance of permit--Criteria established--Effective date of certain provisions.

41-10-7. Issuance of permit--Criteria established--Effective date of certain provisions.If the department is satisfied that all of the following criteria have been established by the applicant:(1)The applicant for a shooting preserve operating permit proposes to comply with all of the provisions of this chapter and the commission rules promulgated pursuant to this chapter;(2)The applicant is financially able to provide the necessary facilities and services to operate a shooting preserve;(3)The preserve shall be open to the general public without restrictions as to race, color, or creed;(4)The operation will not work a fraud upon persons who are permitted to hunt thereon;(5)The operation is not designed to circumvent game laws and regulations;(6)The issuance of the permit will be in the public interest;(7)The applicant is a resident of the state or, if a business entity, is organized or operating under the laws of the State of South Dakota pursuant to a certificate issued by the Office of the Secretary of State;(8)The applicant does not operate or own any interest in more than one shooting preserve comprised of a contiguous tract of land of more than one thousand two hundred eighty acres nor more than two shooting preserves each of which are comprised of a contiguous tract of land of one thousand two hundred eighty acres or less; and(9)The preserve for which an operating permit is requested is at least one mile from any game production area or other publicly owned shooting area, or if located within one mile of such areas, the preserve would not take unfair advantage of wildlife habitat developments or wildlife population existing on those areas, or would not otherwise be detrimental to the public interest;the department shall approve the application and issue a shooting preserve operating permit for the operation of a shooting preserve on the property described in the application with the rights and subject to the limitations prescribed in this chapter and the commission rules promulgated pursuant to this chapter. However, the provisions of subdivisions (7) and (9) of this section do not apply to any shooting preserve licensed pursuant to this chapter, prior to July 1, 1986. Source: SL 1963, ch 148, §5; SL 1986, ch 356, §2; SL 1989, ch 357, §1; SL 1991, ch 342; SL 1996, ch 253; SL 2005, ch 226, §6, eff. Mar. 9, 2005; SL 2011, ch 195, §2.
SD Codified L § 41-10-7.1 (2021)
2021 South Dakota Codified Laws|Title 41 - Game, Fish, Parks and Forestry|Chapter 10 - Private Shooting Preserves|Section 41-10-7.1 - Contested case hearing upon denial of shooting preserve operating permit--Request.

41-10-7.1. Contested case hearing upon denial of shooting preserve operating permit--Request.If an applicant is denied a shooting preserve operating permit by the department, the applicant may make a written request to the department for a contested case hearing before the commission pursuant to chapter 1-26. The written request shall be mailed to the department by certified mail, return receipt requested, on or before ten days have elapsed from the date that the notice of application denial has been provided and mailed to the applicant by certified mail, return receipt requested. Source: SL 2005, ch 226, §9.