South Dakota Codified Laws
Chapter 04 - Administration Of School And Public Lands
Section 5-4-1 - Claim not acquired by occupancy by trespasser--Right to remove improvements.

5-4-1. Claim not acquired by occupancy by trespasser--Right to remove improvements.
No claim to any school or public lands by any trespasser thereon by reason of occupancy, cultivation, or improvement thereof shall be recognized; nor shall compensation be made on account of any improvements made by any such trespasser; provided, any person who has heretofore entered upon such land and has made permanent improvements thereon in good faith, for the purpose of residence or cultivation, shall have the right to remove all such improvements therefrom in case he does not become a purchaser or lessee of such lands under the provisions of this code; such removal to be made within sixty days after a sale or lease has been made, as the case may be.

Source: SL 1911, ch 224, §80; RC 1919, §5711; SDC 1939, §15.0418.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 5 - Public Property, Purchases and Contracts

Chapter 04 - Administration Of School And Public Lands

Section 5-4-1 - Claim not acquired by occupancy by trespasser--Right to remove improvements.

Section 5-4-2 - Right-of-way for federally authorized waterworks and utility lines--Waterworks of persons holding water rights--Reservation in conveyances--Purchasers' right to irrigation water.

Section 5-4-3 - Map of waterworks to be filed.

Section 5-4-5 - Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.

Section 5-4-5.1 - Easements for national guard training sites.

Section 5-4-5.2 - Wind and solar easements and leases.

Section 5-4-6 - Withholding of land from leasing and cooperative agreement for administration for community public purposes--Maximum tract.

Section 5-4-7 - Purposes for which land may be placed under local administration--Rules and regulations.

Section 5-4-8 - Term of agreement for local administration for public purposes--Renewal--Termination on application for purchase.

Section 5-4-9 - Improvements on tracts administered for public purposes--Reimbursement by purchaser or lessee.

Section 5-4-11 - Unauthorized removal of wood from school or public lands as misdemeanor.

Section 5-4-12 - Waste on public lands as misdemeanor.

Section 5-4-13 - Civil liability for waste or unauthorized removal of wood from public lands--Disposition of moneys recovered.

Section 5-4-14 - Preparation of advertisements--Publication--Signature.

Section 5-4-15 - Misdemeanor to start open fire on public lands except in established fireplace.

Section 5-4-16 - Misdemeanor to start and fail to extinguish open fire regardless of whether in approved fireplace .

Section 5-4-17 - Liability for damages.

Section 5-4-18 - Prohibiting large groups from congregating when necessary to preserve lessee's use of land or prevent damage.