2011 South Dakota Code
Title 50 AVIATION
Chapter 13. Air Space And Operation Of Aircraft
§50-13-14 Use of air space conferred without liability to landowner--Delineation of police power.

50-13-14. Use of air space conferred without liability to landowner--Delineation of police power. The growth, expanded use, development of aviation and air commerce, construction, operation, and need for airports and landing facilities, the protection of the large public investments of this state in public airports require and necessitate the establishment and defining under the police power and navigable air space for public use by aircraft. The unrestricted right of freedom of flight and transit established in §§ 50-13-11 to 50-13-13, inclusive, constitutes a necessary public highway for air commerce and the use of the air space is herein conferred and established without liability to the landowner except for objects or structures existing or built thereon or air space thereover occupied and used on February 3, 1966.

Source: SL 1966, ch 2, § 3.