There is a newer version of the South Dakota Codified Laws
2010 South Dakota Code
Title 31 - HIGHWAYS AND BRIDGES
Chapter 03 - Location, Change And Vacation Of Highways
Section 31-3-2 - Public highway not established by mere use.
31-3-2. Public highway not established by mere use. Notwithstanding § 31-3-1, the mere use by the public of any route of travel along or across public or private land, or the right-of-way of any railroad company for any period, shall not operate to establish a public highway and no right shall inure to the public or any person by such use thereof.Source: SL 1893, ch 100; RPolC 1903, § 1632; RC 1919, § 8613; SDC 1939, § 28.0104.
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