This bill amends South Dakota law regarding easements and servitudes on property. Specifically, it modifies section 43-13-6 to remove the prohibition against a landowner holding an easement on their own property. The existing law states that a servitude cannot be held by the owner of the servient tenement, and it is extinguished when the rights to both the servitude and the servient tenement vest in the same person.

The new legal language introduced in this bill establishes that an easement or servitude created by a property owner is valid and effective, even if the owner also holds the benefited property. This change allows for greater flexibility in property rights, enabling landowners to create easements on their own land without the risk of automatic extinguishment due to common ownership.

Statutes affected:
Introduced, 02/05/2025: 43-13-6
Senate Judiciary Engrossed, 02/13/2025: 43-13-6
Enrolled, 03/10/2025: 43-13-6