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State of South Dakota
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SEVENTY-SIXTH
SESSION
LEGISLATIVE ASSEMBLY, 2001 |
| 376E0045 |
SENATE BILL
NO.
11
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| Introduced by: Senators Symens, Diedtrich (Elmer), and Vitter and Representatives Hanson (Gary), Fryslie, and Lintz at the request of the Interim Agriculture and Natural Resources Committee |
FOR AN ACT ENTITLED, An Act to
permit the fencing of certain lakes, ponds, and sloughs
for the containment of livestock.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 43-17 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 43-17 be amended by adding thereto a NEW SECTION to read as follows:
Any landowner or lessee, who confines or pastures livestock, annually or seasonally, may
construct and maintain a fence appropriate to the containment of such livestock across or
through any lake, pond, slough, or similar natural body of water if the landowner owns, or the
lessee leases, the inundated land in which the fence is set or over which the fence floats or is
suspended.
Section 2. That chapter 43-17 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 43-17 be amended by adding thereto a NEW SECTION to read as follows:
No landowner or lessee is liable for any damages sustained by a trespasser who is injured as
the direct or proximate cause of the construction and maintenance of any fence provided for and
constructed and maintained pursuant to section 1 of this Act.
