The bill amends South Dakota law to remove the prohibition against landowners holding easements on their own property. Specifically, it modifies section 43-13-6 by stating that, except as provided in the new section, a servitude on a servient tenement may not be held by the owner of that tenement. Additionally, it clarifies that a servitude is extinguished when the right to the servitude and the right to the servient tenement vest in the same person.

Furthermore, the bill introduces a new section that establishes the validity and effectiveness of easements or servitudes created by an owner, regardless of whether the benefited and burdened properties are commonly owned at the time of creation or after the property is reacquired by the creator. This change aims to provide greater flexibility for landowners regarding the management and use of their property.

Statutes affected:
Introduced, 02/05/2025: 43-13-6
Senate Judiciary Engrossed, 02/13/2025: 43-13-6