ENTITLED An Act to remove the prohibition against a landowner having an easement on the landowner's property.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 43-13-6 be AMENDED:

43-13-6. Except as provided in section 2 of this Act, a servitude on a servient tenement may not be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person.

Section 2. That a NEW SECTION be added to chapter 43-13:

An easement or servitude created by an owner is valid and effective, notwithstanding the common ownership of the benefited and burdened property, at the time of creation or after reacquisition of the property by the creator of the easement or servitude.

An Act to remove the prohibition against a landowner having an easement on the landowner's property.

I certify that the attached Act originated in the: Senate as Bill No. 215 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 215 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State