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

See all articles by Thomas Simmons

Thomas Simmons

University of South Dakota Knudson School of Law

Date Written: September 1, 1997

Abstract

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

Simmons, Thomas, Highways, Hunters, and Section Lines: Tensions between Public Access and Private Rights (September 1, 1997). 2 Great Plains Natural Resources Journal 240 (1997), Available at SSRN: https://ssrn.com/abstract=2765596

Thomas Simmons (Contact Author)

University of South Dakota Knudson School of Law ( email )

414 E. Clark Street
Law School suite 212
Vermillion, SD 57069
United States
605.658.3533 (Phone)
605.677.5417 (Fax)

HOME PAGE: http://www.usd.edu/faculty-and-staff/Tom-E-Simmons

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