reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-14 - Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey.

43-17-14. Land acquired by reliction--Apportionment and division--Preparation, contents and recording of survey.
It shall be the duty of all owners of land acquired by reliction to cause the same to be apportioned and divided among the various owners entitled thereto and to have the same surveyed, marking each separate tract "Relicted lot No. ____," numbering consecutively, beginning with the number "1," by a registered land surveyor and to cause such survey to show the area of and boundaries of each tract to be recorded in the office of the register of deeds within the county or counties where such land is situated within three months from the appropriation thereof.
Source:
SL 1903, ch 173, §1; RC 1919, §504; SDC 1939, §51.1110; SL 1974, ch 282, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-15 - Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials.

43-17-15. Failure or neglect of owners of land acquired by reliction to plat land--Enforcement action by municipal officials.
In the event that any owner or owners of land acquired by reliction shall fail or neglect to comply with the provisions of §43-17-14 within the time therein specified the supervisors of the township or townships, or trustees or city council or commissioners of the municipality where such relicted land or any part thereof is situated, or either of them, may institute an action in the circuit court of the county where such land or any part thereof is situated against the owners of such lands to compel and cause the subdivision of such relicted lands in the proper proportions among the various owners thereof and that the same be surveyed by a competent surveyor, such survey, showing the area and boundaries of such relicted land to which each owner is entitled, to be made and recorded in the office of the register of deeds of the county or counties where any such land or any part thereof is situated.
Source:
SL 1903, ch 173, §2; RC 1919, §505; SDC 1939, §51.1111; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-16 - Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands.

43-17-16. Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands.
The circuit court may upon the trial of any action under §43-17-15 ascertain and determine by its judgment the owners of the relicted land and cause the same to be surveyed and shall appoint three competent disinterested persons, one of whom shall be a competent surveyor, to divide and survey such relicted lands so as to show the boundaries and area of the amount of such relicted lands to which each owner is entitled in accordance with the directions and judgment of said court.
Source:
SL 1903, ch 173, §3; RC 1919, §506; SDC 1939, §51.1112.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-17 - Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts.

43-17-17. Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk of courts.
The commissioners appointed pursuant to §43-17-16 shall make their report in writing, including an accurate plat and survey of such relicted land marking each separate tract "Relicted lot No. ____" numbered consecutively, beginning with the number "1," and file the same with the clerk of courts within ninety days from the date of the order of the court appointing them.
Source:
SL 1903, ch 173, §3; RC 1919, §506; SDC 1939, §51.1112.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-18 - Report and survey of relicted lands by commissioners--Adoption or modification by circuit court--Filing of certified copy of judgment--New trial and appeal.

43-17-18. Report and survey of relicted lands by commissioners--Adoption or modification by circuit court--Filing of certified copy of judgment--New trial and appeal.
At the next succeeding term of such court or at any subsequent term to which the same may be continued, such action shall be brought on for final determination upon the report and survey of said commissioners and the court may adopt or modify the same so as to allow each owner such proportion of such relicted land as he may be lawfully entitled to and enter judgment accordingly; a certified copy of which judgment, showing the area of such relicted land to which each owner is entitled, shall be recorded in the office of the register of deeds in each county where such land or any part thereof is situated. Proceedings for new trial and appeal may be had the same as in other civil cases.
Source:
SL 1903, ch 173, §4; RC 1919, §507; SDC 1939, §51.1112.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-19 - Costs of action to enforce plat and survey of relicted lands.

43-17-19. Costs of action to enforce plat and survey of relicted lands.
The court may adjudge the defendants who are owners of such land or any part thereof to pay the costs and disbursements of such action in such proportions as the court may deem just and equitable, including a reasonable amount for the survey, the fees of recording, and reasonable counsel fees for the plaintiff, and three dollars per day for the two commissioners other than the surveyor and ten cents per mile for each mile by them necessarily traveled.
Source:
SL 1903, ch 173, §3; RC 1919, §506; SDC 1939, §51.1112.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 17 - Water Boundaries And Riparian Lands › Section 43-17-38 - Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.

43-17-38. Gate or opening required in fence constructed across certain streams--Federally-navigable rivers--Public access--Violation as misdemeanor.
A gate or opening constructed pursuant to §43-17-36 is required in any fence that may be constructed across any of the following streams or portions of such streams:
(1)Big Sioux River from the Grant-Codington County boundary to a point five miles north of the Missouri River in Union County;
(2)Turtle creek, from Highway 26 to the James River, located in Spink County;
(3)Elm River, from Elm Lake to the James River, located in Brown County;
(4)Moccasin Creek, from 18th Avenue southwest to 8th Avenue northwest in the City of Aberdeen, located in Brown County;
(5)Flandreau Creek, from the Minnesota state boundary to the Big Sioux River, located in Moody County;
(6)Vermillion River, from Lake Vermillion to the Missouri River;
(7)East fork of the Vermillion River, from Interstate 90 to Lake Vermillion, located in McCook County;
(8)Splitrock Creek, from the Minnesota state boundary to the Big Sioux River, located in Minnehaha County;
(9)Firesteel Creek, that portion located in Davison County;
(10)Little White River, from the Bennett-Todd County boundary to the White River, located in Todd and Mellette Counties;
(11)White River, from the Nebraska state boundary to the Missouri River;
(12)Bad River, from the Stanley-Jones County boundary to the Missouri River, located in Stanley County;
(13)Cheyenne River, from Hat Creek to the Angostura Dam in Fall River County, and from Custer-Fall River County boundary to Highway 44 in Pennington County, and from the confluence of the Belle Fourche-Cheyenne Rivers to the Missouri River;
(14)Moreau River, from Highway 63 to the Missouri River;
(15)Grand River, from Shadehill Reservoir to the Missouri River; and
(16)Redwater River, from Highway 85 to the Belle Fourche River, located in Butte County.
Because the Missouri River, James River, Boise des Sioux River, and the lower five miles of the Big Sioux River have been designated as navigable pursuant to federal law, this chapter does not permit fencing, with or without gates, across the federally-navigable portions of these rivers.
The public's right to the use of such designated streams as public highways pursuant to §43-17-2 may be impaired if a gate or opening is not provided in each fence across the streams. Construction of a fence in violation of this section is a Class 2 misdemeanor.
The public's interest in or right to use other streams navigable pursuant to §43-17-34 but not designated pursuant to this section is not impaired or unduly restricted if fences crossing such other navigable streams are not provided with a gate or opening. This does not diminish the public's interest in or right to use streams that are navigable pursuant to §43-17-34 but that are not designated pursuant to this section.
Source:
SL 1992, ch 311, §1; SL 2016, ch 214, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 18 - Land Surveys › Section 43-18-11 - Affidavit describing and correcting an error or omission in recorded plat--Filing--Restriction--Approval.

43-18-11. Affidavit describing and correcting an error or omission in recorded plat--Filing--Restriction--Approval.
If any typographical error or omission of data is detected on a recorded plat, the original land surveyor shall record an affidavit confirming the error or omission. If the original land surveyor is deceased, is not licensed as a land surveyor pursuant to chapter 36-18A, or cannot be located, two licensed land surveyors may record an affidavit confirming the error or omission. The surveyor or surveyors shall file an affidavit describing the nature and extent of the error or omission and the correction or addition to the recorded plat. The surveyor or surveyors shall also note the document reference number or recording information of the recorded plat on the affidavit. The register of deeds shall stamp on the plat of record, the word, corrected, and note the document reference number or recording information on the recorded affidavit. A copy of the recorded affidavit shall be filed with the director of equalization and shall be mailed by the surveyor or surveyors to any owner of record. No affidavit of correction may be used to change or modify the plotted or recorded property lines as originally monumented. This affidavit of correction does not require prior approval by any governing body.
Source:
SL 2005, ch 231, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-1 - Erection of permanent landmarks by organized township--Monuments of durable material--Size and characteristics--Placement under contract.

43-19-1. Erection of permanent landmarks by organized township--Monuments of durable material--Size and characteristics--Placement under contract.
Whenever a civil township meeting shall have lawfully ordered the erection of landmarks, the board of supervisors shall procure a sufficient number of monuments of stone, or other durable material, each not less than thirty inches in length and six inches square, flat top, having engraved thereon the characters used and designated in United States government surveys, and shall also contract with a registered land surveyor for the survey of all sections of such township and the erection of such monuments, one at each section corner and one at each external quarter section corner in such township, each to be set two feet in the ground, except in highways, where the top shall be even with or below the surface.
Source:
SL 1890, ch 35, §2; RPolC 1903, §1151; SL 1909, ch 148; RC 1919, §6141; SDC 1939, §58.1201; SL 1974, ch 282, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-2 - Unidentified section corners upon public highways--Location by township board of supervisors.

43-19-2. Unidentified section corners upon public highways--Location by township board of supervisors.
Whenever section corners upon the public highways cannot be identified the township board of supervisors may, without previous vote of the township meeting, have such corners located by a competent surveyor and cause landmarks similar to those described in §43-19-1 to be erected at such corners so established.
Source:
SL 1890, ch 35, §4; RPolC 1903, §1153; RC 1919, §6143; SDC 1939, §58.1203.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-3 - Bond of surveyor contracting to erect permanent landmarks for organized township.

43-19-3. Bond of surveyor contracting to erect permanent landmarks for organized township.
The surveyor with whom a contract is made pursuant to §43-19-1 shall, before the signing and delivery of such contract, give a bond to the township in the sum of one thousand dollars, with sufficient sureties, to be approved by the board, conditioned that he will make a correct and true survey of all the sections in such township, and cause landmarks to be set permanently at the section and quarter section corners as established by the United States survey, and faithfully perform such work and the duties imposed upon him according to law.
Source:
SL 1890, ch 35, §2; RPolC 1903, §1151; SL 1909, ch 148; RC 1919, §6141; SDC 1939, §58.1201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-4 - Manner of setting permanent landmarks--Reestablishment of section corners--Certificate of survey.

43-19-4. Manner of setting permanent landmarks--Reestablishment of section corners--Certificate of survey.
Such landmarks shall in all cases be set on section corners and quarter posts established by the United States survey, but if there be a clerical error or omission in the government field notes, or the bearing trees, mounds, or other locating evidences specified therein be destroyed or lost, and there be no other reliable evidence by which such corner can be identified, such surveyor shall reestablish such corner under the rules adopted by the general government in the survey of public lands. Such surveyor shall, in all cases, set forth such action in his certificate of the survey.
Source:
SL 1890, ch 35, §3; RPolC 1903, §1152; RC 1919, §6142; SDC 1939, §58.1202.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-5 - Minutes of survey--Bearings and distances between monuments--Recording.

43-19-5. Minutes of survey--Bearings and distances between monuments--Recording.
Such surveyor shall make, in all cases, a certificate setting forth correct and full minutes of the survey, and giving exact bearings and distances of each monument from each other monument nearest it on any line in the township, and such statement shall be recorded in the office of the register of deeds of the county.
Source:
SL 1890, ch 35, §3; RPolC 1903, §1152; RC 1919, §6142; SDC 1939, §58.1202.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-6 - Tax levy for erection of permanent landmarks by organized township.

43-19-6. Tax levy for erection of permanent landmarks by organized township.
In case any township shall vote in favor of the erection of permanent landmarks, the township board shall ascertain the amount of money requisite for such purpose, and deliver a statement of such amount to the township clerk, who shall add such amount to the other amounts to be raised for township purposes for the current year and insert the same in the tax roll, and it shall be collected and paid to the treasurer in like manner as other taxes.
Source:
SL 1890, ch 35, §6; RPolC 1903, §1155; RC 1919, §6144; SDC 1939, §58.1204.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-7 - Petition in unorganized township to establish permanent landmarks--Filed with county commissioners--Consent to tax levy for payment of costs of survey--Notice and hearing.

43-19-7. Petition in unorganized township to establish permanent landmarks--Filed with county commissioners--Consent to tax levy for payment of costs of survey--Notice and hearing.
Whenever two-thirds of all the owners of lands situated in any unorganized township shall petition the board of county commissioners for a survey of the sections and the establishment of section and quarter section landmarks in such township, and that such board procure materials for and cause such survey to be made, and shall propose and offer in such petition to have the cost of such survey and establishment of landmarks paid by a special levy of taxes upon all the real property situated in such township, such board shall cause to be published in one or more newspapers of general circulation published in the county, once each week for two successive weeks, a notice signed by the chairman of the board, to the effect that such petition has been filed, stating briefly the contents of such petition and that the cost of such proposed survey and establishment of landmarks is therein proposed and offered to be paid by such special levy, and that a hearing will be had by the board upon such petition at a time and place named in the notice.
Source:
SL 1901, ch 204, §1; RPolC 1903, §1156; RC 1919, §6145; SDC 1939, §58.1205.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-8 - Hearing on petition in unorganized township to establish permanent landmarks--Order of board of county commissioners.

43-19-8. Hearing on petition in unorganized township to establish permanent landmarks--Order of board of county commissioners.
Any person interested in any real property in such township may appear and be heard, for or against the granting of the petition, on the day named in such notice. After a hearing is had upon the petition the board shall by order grant or deny the petition.
Source:
SL 1901, ch 204, §1; RPolC 1903, §1156; RC 1919, §6145; SDC 1939, §58.1205.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-9 - Appeal from order granting petition to establish permanent landmarks--Stay of proceedings.

43-19-9. Appeal from order granting petition to establish permanent landmarks--Stay of proceedings.
Any person feeling aggrieved by the granting of the petition may appeal from the order granting the same to the circuit court, at any time within thirty days after the order from which the appeal is taken was made. But no stay of proceedings upon such petition shall be had pending such appeal, unless the party appealing shall execute an undertaking with two sufficient sureties in the sum of five hundred dollars, to be approved by the clerk of courts, conditioned for the payment of all costs and damages which may be adjudged against the appellant upon such appeal.
Source:
SL 1901, ch 204, §1; RPolC 1903, §1156; RC 1919, §6145; SDC 1939, §58.1205.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-10 - Monuments for landmarks in unorganized township--Procurement by board of county commissioners--Contract for survey and erection.

43-19-10. Monuments for landmarks in unorganized township--Procurement by board of county commissioners--Contract for survey and erection.
If such petition shall be granted, and in case no stay bond shall have been given upon an appeal from the order granting the petition, the board of county commissioners shall immediately proceed to procure monuments for such landmarks, and shall contract with a registered land surveyor, for the survey of all the sections of such township and the erection of such monuments, one at each corner and one at each external quarter section corner in such township; such materials to be procured and such monuments to be set in all respects as provided in this chapter.
Source:
SL 1901, ch 204, §2; RPolC 1903, §1157; RC 1919, §6146; SDC 1939, §58.1206; SL 1974, ch 282, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-11 - Bond of surveyor contracting to erect landmarks in unorganized township.

43-19-11. Bond of surveyor contracting to erect landmarks in unorganized township.
The surveyor with whom a contract is made pursuant to §43-19-10 shall give bond as provided in this chapter, except that such surveyor's bond shall run to the county for the use of the township and such bond may be sued on by the county, and any judgment recovered thereon shall inure to the use and benefit of the township.
Source:
SL 1901, ch 204, §2; RPolC 1903, §1157; RC 1919, §6146; SDC 1939, §58.1206.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-12 - Survey for erection of landmarks in unorganized township--Certificate--Recording.

43-19-12. Survey for erection of landmarks in unorganized township--Certificate--Recording.
Sections 43-19-4 and 43-19-5 shall apply to and govern such survey and the certificate thereof and the recording of the surveyor's certificate.
Source:
SL 1901, ch 204, §2; RPolC 1903, §1157; RC 1919, §6146; SDC 1939, §58.1206.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-13 - Levy of taxes for erection of landmarks in unorganized township.

43-19-13. Levy of taxes for erection of landmarks in unorganized township.
In case any board of county commissioners shall grant any petition presented thereto under this chapter, such board shall ascertain the amount of money requisite for such purpose, and shall add such amount to the other amounts, if any, to be raised for township purposes in any such unorganized township as may be affected by such petition, and such board is empowered and it shall be its duty to make a specific levy of taxes upon all of the real property situated in any such unorganized township in a sufficient amount to pay the cost and expense of such survey and the establishment of such landmarks; such levy to be made at the time of the making of the annual tax levy by such board for the current year.
Source:
SL 1901, ch 204, §4; RPolC 1903, §1159; RC 1919, §6148; SDC 1939, §58.1207.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-14 - Tax levy for erection of landmarks in unorganized territory where petition was granted by board of county commissioners after time of making annual tax levy.

43-19-14. Tax levy for erection of landmarks in unorganized territory where petition was granted by board of county commissioners after time of making annual tax levy.
In case any petition presented under this chapter shall have been granted after the time of making the annual tax levy, such specific levy shall be made at the time of making the annual tax levy for the ensuing year; and the amount so levied shall be inserted in the tax roll and be collected and paid into the county treasury in like manner as other taxes, and shall be applied exclusively in payment of the cost and expenses of such survey and establishment of landmarks.
Source:
SL 1901, ch 204, §4; RPolC 1903, §1159; RC 1919, §6148; SDC 1939, §58.1207.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-15 - Landmarks set at originally established section corners--Presumption.

43-19-15. Landmarks set at originally established section corners--Presumption.
All landmarks set under authority of this chapter shall be presumptively deemed to be at the section and quarter section corners, as originally established by the United States survey, at which they respectively purport to be set.
Source:
SL 1901, ch 204, §3; RPolC 1903, §1158; RC 1919, §6147; SDC 1939, §58.1208.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 19 - Township Surveys And Landmarks › Section 43-19-16 - Change of section corner established by United States survey unauthorized.

43-19-16. Change of section corner established by United States survey unauthorized.
Nothing in this chapter shall authorize the changing of any section corner established by the United States survey.
Source:
SL 1901, ch 204, §3; RPolC 1903, §1158; RC 1919, §6147; SDC 1939, §58.1208.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-1 - Purpose of chapter.

43-20-1. Purpose of chapter.
It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and filing of information concerning the marking of the location of such public land survey corners and to allow the systematic location of other property corners, thereby providing for property security and a coherent system of property location and identification; and thereby eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located.
Source:
SL 1967, ch 58, §2.