South Dakota Codified Laws
Chapter 25 - Fences, Cattle Ways And Livestock Guards
Section 31-25-3 - Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.

31-25-3. Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.
If any person on whose land a cattle way is constructed pursuant to §31-25-2 fails to keep the same in repair, the proper board shall cause the same to be repaired and charge the cost thereof to the owner of such cattle way and such cost shall be recovered by a civil action by the state, county, or township against the owner of such land and cattle way.

Source: SL 1911, ch 221, §28; RC 1919, §8570; SDC 1939, §28.0911.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 31 - Highways and Bridges

Chapter 25 - Fences, Cattle Ways And Livestock Guards

Section 31-25-1 - Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.

Section 31-25-1.1 - Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor.

Section 31-25-2 - Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner.

Section 31-25-3 - Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.

Section 31-25-4 - Livestock guards across county or secondary highways authorized--Guards not considered highway obstruction.

Section 31-25-5 - Dimensions of livestock guard--Passage for wider vehicles.