46-8-18. Right to cross school and public lands--Notice to commissioner.
An owner of works for storage, carriage, or application of water to beneficial use has the right, if necessary, to cross school and public lands, subject to such reasonable conditions as may be prescribed by the commissioner of school and public lands. The owner of the works shall notify the commissioner in writing prior to the crossing. The notification shall contain a description of the works, the location of the land and a plat showing the proposed route of the works. The owner of the works shall bear the cost of construction of any device necessary to assure continued use of the land in the usual manner.
Source: SDC 1939, §61.0431; SL 1955, ch 431, §1; SL 1983, ch 314, §150.
Structure South Dakota Codified Laws
Section 46-8-1 - Right of eminent domain for application or conveyance of water for beneficial use.
Section 46-8-1.1 - Limit on exercise of right of eminent domain.
Section 46-8-1.2 - Location of routes restricted.
Section 46-8-2 - Permission required for entry on land for surveys--Liability for damages.
Section 46-8-2.1 - Order of circuit court for entry on land.
Section 46-8-6 - Multiple water conduits prohibited where single conduit sufficient.
Section 46-8-7 - Plat of route for water conduit--Certification and recording.
Section 46-8-8 - Right for location of route an easement.
Section 46-8-10 - Reasonable access to land.
Section 46-8-18 - Right to cross school and public lands--Notice to commissioner.