31-3-2. Public highway not established by mere use.
Notwithstanding §31-3-1, the mere use by the public of any route of travel along or across public or private land, or the right-of-way of any railroad company for any period, shall not operate to establish a public highway and no right shall inure to the public or any person by such use thereof.
Source: SL 1893, ch 100; RPolC 1903, §1632; RC 1919, §8613; SDC 1939, §28.0104.
Structure South Dakota Codified Laws
Title 31 - Highways and Bridges
Chapter 03 - Location, Change And Vacation Of Highways
Section 31-3-2 - Public highway not established by mere use.
Section 31-3-3 - Rights of settlers on public lands.
Section 31-3-4 - Location on boundary line--Half of highway taken from each side.
Section 31-3-5 - Damages assessed--Payment before use of road.
Section 31-3-6 - Petition to locate, change, or vacate a highway.
Section 31-3-6.1 - Access to public lands or public waters.
Section 31-3-7 - Public hearing--Notice--Affirmative resolution of board--Order.
Section 31-3-9 - Resolution and order--Entry in minutes--Publication.
Section 31-3-10 - Discontinuance and vacation--Reversion of title to land--Removal of improvements.
Section 31-3-11 - Validation of vacation of highway not within municipality.
Section 31-3-12 - Limitation of jurisdiction of township supervisors.
Section 31-3-13 - Highway on township line--Joint resolution.
Section 31-3-14 - Appeal from township board to vote of voters.
Section 31-3-17 - Reopening vacated section lines without payment of damages.
Section 31-3-18 - Width of highway.
Section 31-3-19 - County location proceedings--Highways to which applicable.
Section 31-3-20 - Municipal boundary highways--County and trunk highway systems.
Section 31-3-28 - Benefits considered in assessing damages.
Section 31-3-33 - Assessment and payment of damages.
Section 31-3-34 - Appeal to circuit court--Time allowed.
Section 31-3-36 - Location by consent.
Section 31-3-37 - Expenses of survey--Payment by person seeking location of highway.
Section 31-3-39 - Field notes--Furnishing to board of supervisors of township.
Section 31-3-40 - Field notes--Recording in township highway record.
Section 31-3-43 - Notice of proposed change--Publication.
Section 31-3-44 - Highways within extraterritorial area of municipality.
Section 31-3-45 - Rights of utilities and rural water systems unaffected.
Section 31-3-46 - Procedures for highway appeals from township board of supervisors.