This bill amends South Dakota law regarding easements and servitudes on property. Specifically, it modifies section 43-13-6 to clarify that a servitude cannot be held by the owner of the servient tenement, but introduces a new section that allows for the creation of an easement or servitude by a property owner, even if they also own the benefited property. This change effectively removes the previous prohibition against a landowner having an easement on their own property.

The new legal language states that an easement or servitude created by an owner is valid and effective, regardless of the common ownership of the benefited and burdened property, whether at the time of creation or after the property is reacquired by the creator. This amendment aims to provide greater flexibility for landowners in managing their property rights and easements.

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