31-25-1      Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.
31-25-1.1      Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor.
31-25-2      Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner.
31-25-3      Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.
31-25-4      Livestock guards across county or secondary highways authorized--Guards not considered highway obstruction.
31-25-5      Dimensions of livestock guard--Passage for wider vehicles.
31-25-6      Authority of governing body required--Removal of livestock guard on order of governing body.
31-25-7      Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo.
31-25-8      Appeal upon failure of governing body to act on request for authorization.
31-25-9      Livestock guards constructed prior to enactment of statute.
31-25-10      Regulatory signs for unfenced roads in livestock grazing area--Application for erection.
31-25-11      Uniform signs.
31-25-12      Cost of signs.

31-25-1. Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.

The board of county commissioners of any county having within its boundaries, any county, township, or section-line highway not included in § 31-25-1.1 extending or running through or across grazing land, may, upon petition, signed by a majority of the adjacent landowners along the portion of such highway involved, and after a hearing is had, on notice mailed by the county auditor to all of said landowners, not less than ten days before such hearing, authorize such landowners to erect and maintain fences across such highway. However, the board of county commissioners shall require the erection of gates or grates, or both, in such fences at points designated by the board, so that the public may have access to the highway.

Source: SL 1943, ch 39; SDC Supp 1960, § 12.0617-3; SL 1984, ch 215, § 1.

31-25-1.1. Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor.

A landowner may erect a fence across an unimproved county, township, or section-line highway. For the purposes of this section an unimproved county, township, or section-line highway is any county, township, or section line not commonly used as a public right-of-way and never altered from its natural state in any way for the purpose of facilitating vehicular passage. At any point where a fence crosses such highway, the landowner shall erect and maintain an unlocked gate which may be opened easily or provide other suitable access to the highway. If the gate or other access is not large enough or if the gate does not open easily enough to satisfy the needs of those using the highway, the landowner shall erect a larger gate or a gate that can be more easily opened or provide other suitable access to the highway. The landowner shall erect the larger gate or the gate which opens easily or provide the other suitable access upon a request filed with the sheriff of the county in which the land is located by an adversely affected person. If a request is filed, the sheriff shall notify the landowner. The landowner shall comply with the provisions of this section within seven days of notice. A landowner who violates any of the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1984, ch 215, § 2.

31-25-2. Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner.

Upon application to the Department of Transportation, board of county commissioners, or board of township supervisors, by any person for permission to construct a cattle way across or under any public road, such highway authority maintaining the highway described in the application may in its discretion grant the application upon condition that such way shall be constructed in all particulars as directed by such department or board and shall not interfere with public travel. The grade of the road over the cattle way shall not at any point exceed one foot in ten feet. Applicant must construct and agree to keep the same in repair at his own expense.

Source: SL 1911, ch 221, § 27; RC 1919, § 8569; SDC 1939, § 28.0910.

31-25-3. Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.

If any person on whose land a cattle way is constructed pursuant to § 31-25-2 fails to keep the same in repair, the proper board shall cause the same to be repaired and charge the cost thereof to the owner of such cattle way and such cost shall be recovered by a civil action by the state, county, or township against the owner of such land and cattle way.

Source: SL 1911, ch 221, § 28; RC 1919, § 8570; SDC 1939, § 28.0911.

31-25-4. Livestock guards across county or secondary highways authorized--Guards not considered highway obstruction.

The construction and maintenance of livestock guards over or across county or secondary highways so constructed that automobiles and trucks may pass over the same and which will prevent the passage of livestock across such livestock guards is hereby authorized. The construction and maintenance of such livestock guards shall not be considered as creating a barrier or obstruction on such highways.

Source: SL 1953, ch 154, § 1; SL 1959, ch 140, § 1; SDC Supp 1960, § 28.0910-1.

31-25-5. Dimensions of livestock guard--Passage for wider vehicles.

All livestock guards shall be at least ten feet wide on the ground. In addition, at one side of such livestock guard there shall be provided or constructed a gate, at least twenty feet wide to accommodate the passage of teams, and wider vehicles.

Source: SL 1953, ch 154, § 2; SL 1959, ch 140, § 2; SDC Supp 1960, § 28.0910-2.

31-25-6. Authority of governing body required--Removal of livestock guard on order of governing body.

No livestock guards shall be constructed under § 31-25-4, unless constructed by or under the express authorization of the governing body having jurisdiction over such highways, provided that such livestock guards may be removed or ordered removed by such governing bodies whenever such livestock guards shall be deemed no longer necessary.

Source: SL 1953, ch 154, § 1; SL 1959, ch 140, § 1; SDC Supp 1960, § 28.0910-1.

31-25-7. Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo.

Whenever any interested person shall feel aggrieved by reason of the action of the governing body in authorizing or refusing to authorize the construction, erection, and maintenance of livestock guards, or ordering removal of said livestock guard, such person may within sixty days after the decision of such governing body, appeal to the circuit court for the county wherein such governing body is situated. Such appeal shall be in writing, and signed by the person feeling aggrieved or by his attorney. Upon the serving of such appeal and the filing of the same with the clerk of the circuit court, the same may be brought on for trial de novo in said circuit court upon ten days' notice. The circuit court shall hear all relevant evidence and shall make and enter such findings, conclusions, and judgment as it deems proper.

Source: SL 1959, ch 140, § 3; SDC Supp 1960, § 28.0910-3.

31-25-8. Appeal upon failure of governing body to act on request for authorization.

If any person shall file a request for authorization to construct a livestock guard, with the governing body having jurisdiction over such highway, and the governing body shall fail or neglect to act upon such request at its next regular meeting, such failure or neglect to take any action shall be deemed to be a refusal of such authorization, and the person filing such request may appeal the same as provided in § 31-25-7.

Source: SL 1959, ch 140, § 3; SDC Supp 1960, § 28.0910-3.

31-25-9. Livestock guards constructed prior to enactment of statute.

Sections 31-25-4 to 31-25-8, inclusive, shall not apply to livestock guards which had been constructed and maintained and were in existence on February 20, 1959.

Source: SL 1959, ch 140, § 4; SDC Supp 1960, § 28.0910-4.

31-25-10. Regulatory signs for unfenced roads in livestock grazing area--Application for erection.

Any person grazing livestock in an area where there are no fences along a road may apply to the governing body that has the responsibility to maintain that road to erect a regulatory sign that livestock will be at large along the road. If the governing body permits the erection of such signs, it shall erect at least one sign where the road enters the grazing area which shall state how far the grazing area continues and one sign where the road leaves the grazing area.

Source: SL 1983, ch 227, § 1.

31-25-11. Uniform signs.

The Transportation Commission shall design, produce, and make available a uniform sign pursuant to § 31-25-10.

Source: SL 1983, ch 227, § 2.

31-25-12. Cost of signs.

The cost of the sign shall be arranged between the governing body and the person applying for it. The sign shall be erected by the governing body.

Source: SL 1983, ch 227, § 3.