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South Dakota Codified Laws

S.D. Codified Laws § 46-8-2 (2026)

Permission required for entry on land for surveys--Liability for damages.

✓ current as of May 2026
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46-8-2. Permission required for entry on land for surveys--Liability for damages.

No person may enter upon the lands of any other person without first obtaining written permission or a court order obtained pursuant to § 46-8-2.1 for the purpose of surveying or locating the most advantageous route for works necessary to put water to beneficial use. Actual damages sustained by reason of the entrance are the responsibility of the person causing the damages.

Source: SDC 1939, § 61.0416; SL 1955, ch 431, § 1; SL 1983, ch 314, § 133.

Notes of Decisions
Cited in 2 cases, 2006–2006 · leading case: Lewis & Clark Rural Water Sys., Inc. v. Seeba, 709 N.W.2d 824 (S.D. 2006).
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Lewis & Clark Rural Water Sys., Inc. v. Seeba, 709 N.W.2d 824 (S.D. 2006). · cites it 2× “” See SDCL 46-8-2 (1967) (emphasis added). However, the 1983 amendment broadened the setback restrictions by removing the limitation to “waterways” and broadly stated: “[n]o routes acquired under the provisions of this chapter may be located within two hundred fifty feet of a…”
Lewis & Clark Rural Water Sys. v. Seeba, 2006 SD 7 (S.D. 2006). · cites it 2× “" See SDCL 46-8-2 (1967) (emphasis added). However, the 1983 amendment broadened the setback restrictions by removing the limitation to "waterways" and broadly stated: " [n]o routes acquired under the provisions of this chapter may be located within two hundred fifty feet of a…”
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