On Mar. 31, 2025, SD LEG reported bill signed by the governor, effective Jul 1, 2025.
On Mar. 10, SD LEG enrolled bill to remove landowner prohibitions.
SD LEG enrolled bill SB 215 to amend SD LEG 43-13-6, add new section in SD LEG 43-13 to remove prohibition against landowner having an easement on his/her property.
Bill Provisions
Servitude on a servient tenement may not be held by owner of the servient tenement.
Extinguished by vesting of the right to servitude and right to the servient tenement.
An easement or servitude created by an owner is valid and effective, notwithstanding the common property ownership at the time of creation or after its reacquisition.
Legislative History
On Feb. 5, 2025, bill introduced in Senate; on Feb. 19, 2025, bill passed in Senate.
On Feb. 20, 2025, bill introduced in House; on Mar. 6, 2025, bill was passed in House.
On Mar. 10, 2025, bill was enrolled, and is pending delivery to the governor for action.
Effectiveness
SD law sets effective date of bills passed in regular session as Jul. 1, i.e. Jul. 1, 2025.
Mar. 31, 2025 SD LEG Governor Approval
On Mar. 31, 2025, SD LEG reported bill signed by the governor, effective Jul 1, 2025.
Regulators
SD LEG
Entity Types
Corp
Reference
Bill SB 215, 3/31/2025; Bill SB215, 3/10/2025; Citation: *SD LEG* 43-13, 43-13-6;
