Public Access over Private Land



Pierre, SD (DRG NEWS)

Private Land owners are being given more rights to who can access public waters across private land. The Parks V. Cooper South Dakota Supreme Court case that held that the legislature should determine  to what extent the public can use water that lies over privately own land, for recreational purposes. The South Dakota House of Representatives has proposed a bill that clearly defines what a private land owner’s rights are. House Speaker Brian Gosch of Rapid City explains:

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This bill would clarify that the land owner can designate by signage or otherwise where the boundary is on their private property so you can access that water but if it is posted conspicuously that it is private land, it would restrict access to only public access areas. This also deals with the access of private land by crossing over public water.

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House Bill 1135 is still in the debate state and was introduced by the House Agriculture and Natural Resources Committee.

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