South Dakota Codified Laws
Chapter 04 - Administration Of School And Public Lands
Section 5-4-5 - Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.

5-4-5. Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.
The commissioner of school and public lands shall have authority to grant to any person, or telegraph, telephone, gas, oil, or other company an easement for its lines or mains, or for other public purposes, across or upon school and endowment lands, subject to such reasonable terms, conditions, and regulations as the commissioner may prescribe. Such grant shall not interfere with the cultivation of said lands, and shall not be made unless the public highways or section line rights-of-way are impractical for the purposes of the easement.

Source: SL 1929, ch 219; SDC 1939, ยง15.0402.

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.