Section 43-17-31 - Landowner's right to deny public access to taxable property--Department to clearly markcertain inundated property--Exception. - South Dakota Statutes

43-17-31. Landowner's right to deny public access to taxable property--Department to clearly mark certain inundated property--Exception. The provisions of §§ 43-17-2 and 43-17-29 notwithstanding, any landowner may deny public access to his taxable property, including inundated property if such property has been inundated for a period of at least three years, borders the water's edge and lies above the ordinary high water mark of a navigable lake that includes at least five thousand acres of inundated land in private ownership. A landowner who chooses to deny access to his inundated lake property pursuant to this section shall request the Department of Game, Fish and Parks to mark the boundaries of the affected property, and the department shall, upon request, clearly mark the restricted area so that the markings are plainly visible and understandable to a user of the lake. This section does not apply to public highways that are maintained for use by motor vehicles.

Source: SL 1989, ch 379, § 3.