43-18-1      Registered surveyor required to make survey or subdivision.
43-18-2      Licensed engineers, architects, and surveyors may administer oaths to assistants.
43-18-3      Disturbance of monument erected by coast and geodetic survey or geological survey as misdemeanor.
43-18-4      Disturbance of survey corners as petty offense.
43-18-5      Restoration, relocation, or referencing of survey corner.
43-18-6      Resurvey and subdivision of lands--Law governing.
43-18-7      Original boundaries and monuments--Use in resurveys.
43-18-8      Survey of lines or monuments in dispute--Disinterested persons as chainmen.
43-18-9      Record of field notes and plats--Matters required to be shown.
43-18-10      Repealed.
43-18-11      Affidavit describing and correcting an error or omission in recorded plat--Filing--Restriction--Approval.

43-18-1. Registered surveyor required to make survey or subdivision.

No survey of land or plat subdivision shall be legal unless made by a registered land surveyor.

Source: SL 1893, ch 157, § 11; RPolC 1903, § 133; RC 1919, § 8202; SDC 1939, § 18.0201; SL 1970, ch 214, § 39.

43-18-2. Licensed engineers, architects, and surveyors may administer oaths to assistants.

Every licensed engineer, architect, or surveyor shall be authorized to administer oaths to draftsmen, chainmen, rodmen, instrumentmen, and other assistants, who may be assisting them or participating in any work in which said engineer, architect, or surveyor is engaged in the practice of his profession.

Source: SL 1893, ch 157, § 17; RPolC 1903, § 129; RC 1919, § 8201; SDC 1939, § 18.0205.

43-18-3. Disturbance of monument erected by coast and geodetic survey or geological survey as misdemeanor.

It is a Class 2 misdemeanor to injure, destroy, deface, or remove any monument erected by the United States Coast and Geodetic Survey or the United States Geological Survey.

Source: SL 1919, ch 352; SDC 1939, §§ 18.0203, 18.9903; SL 1983, ch 15, § 7.

43-18-4. Disturbance of survey corners as petty offense.

No United States government survey corner nor any corner established by any registered land surveyor may be disturbed, removed, or in any manner changed by any person in the prosecution of any public or private work. A violation of this section is a petty offense.

Source: SL 1893, ch 157, § 12; RPolC 1903, § 134; RC 1919, § 8203; SDC 1939, §§ 18.0202, 18.9902; SL 1970, ch 214, § 40; SL 1983, ch 15, § 8.

43-18-5. Restoration, relocation, or referencing of survey corner.

Any registered land surveyor may restore, relocate, or reference a survey corner if same is recorded as provided by statute.

Source: SL 1893, ch 157, § 12; RPolC 1903, § 134; RC 1919, § 8203; SDC 1939, § 18.0202; SL 1970, ch 214, § 41.

43-18-6. Resurvey and subdivision of lands--Law governing.

The resurvey and subdivision of lands by all surveyors shall be in all respects according to the laws of the United States and the instructions issued by the officers thereof in charge of the public land surveys; and in the subdivision of fractional sections, bounded on any side by a meandered lake or river, or the boundary of any reservation or irregular survey, the subdivision lines running toward and closing upon the same shall be run at courses in all points intermediate and equidistant, as near as may be, between like section lines established by the original survey.

Source: PolC 1877, ch 21, § 99; CL 1887, § 691; RPolC 1903, § 923; RC 1919, § 5990; SDC 1939, § 12.1206.

43-18-7. Original boundaries and monuments--Use in resurveys.

In retracing lines or making the survey the surveyor shall take care to observe and follow the boundaries and monuments as run and marked by the original survey, but shall not give undue weight to partial and doubtful evidence or appearances of monuments, the recognition of which shall require the presumption of marked errors in the original survey, and he shall note an exact description of such apparent monuments.

Source: PolC 1877, ch 21, § 102; CL 1887, § 694; RPolC 1903, § 926; RC 1919, § 5993; SDC 1939, § 12.1207.

43-18-8. Survey of lines or monuments in dispute--Disinterested persons as chainmen.

Whenever the survey made is of lines or monuments in dispute, or by order of any court, the chainmen must be disinterested persons, approved and sworn by the surveyor to measure justly and impartially to the best of their skill and ability.

Source: PolC 1877, ch 21, § 100; CL 1887, § 692; RPolC 1903, § 924; RC 1919, § 5991; SDC 1939, § 12.1208.

43-18-9. Record of field notes and plats--Matters required to be shown.

The record of the field notes and plats shall show distinctly of what piece of land it is a survey, at whose request it was made, what owners were notified and present, the date of the survey, the names of the chainmen, and that they were approved and sworn by the surveyor, when so required by law. The courses shall be taken according to the true meridian, and the variation of the magnetic needle therefrom shall be noted, and also when any material change therein shall occur.

Source: PolC 1877, ch 21, § 101; CL 1887, § 693; RPolC 1903, § 925; RC 1919, § 5992; SDC 1939, § 12.1205.