An Act to modify provisions regarding the building of fences across certain unimproved highways.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 31-25-1.1 be AMENDED:
31-25-1.1. Fences--Unimproved Section Line Highways--Gates--Access--Notification--Violation as misdemeanor.
A landowner may erect a fence across an unimproved county, township,
or section line highway. For the purposes of this section,
an unimproved county, township, or section line highway is any
county, township, or section line not commonly used as a public
right of way and never altered from its natural
state in any way for the purpose of facilitating vehicular passage.
At any point where a fence crosses such highway, the landowner shall
erect and maintain an unlocked gate which may be opened easily or
provide other suitable access to the highway. If the gate or other
access is not large enough or if the gate does not open easily enough
to satisfy the needs of those using the highway, the landowner shall
erect a larger gate or a gate that can be more easily opened or
provide other suitable access to the highway. The landowner shall
erect the larger gate or the gate which opens easily or provide the
other suitable access upon a request filed with the sheriff of the
county in which the land is located by an adversely affected person.
If a request is filed, the sheriff shall notify the landowner. The
landowner shall comply with the provisions of this section within
seven days of notice. A landowner who violates any of the provisions
of this section is guilty of a Class 2 misdemeanor.