Highways, Hunters, and Section Lines: Tensions between Public Access and Private Rights
2 Great Plains Natural Resources Journal 240 (1997)
26 Pages Posted: 17 Apr 2016
Date Written: September 1, 1997
In South Dakota (and other western states), the public enjoys access along all section lines. Furthermore, the public right to hunt along these easements attaches to improved or commonly traversed section lines. As commercial hunting has become more prevalent, disagreements between hunting and landowning interests have come to the fore. The South Dakota Legislature and the South Dakota Supreme Court have responded to these controversies in a rather unpredictable fashion, reflecting the tug-of-war between public and private interests in these statutory rights-of-way.
Keywords: Property Law, Public Access, Easements, Section Lines, Hunting
JEL Classification: K11
Suggested Citation: Suggested Citation