The Court: South Dakota Supreme Court
What issue was the court trying to address: Whether all water was accessible to the public if it could be reached without trespassing on private land?
What did the Court say?
- The legislature has considered this issue 3 times since 2004 and hasn’t passed any bill on the topic
- Forbids Game Fish &Parks from facilitating access to the public on waters and ice over private property
- Game Fish &Parks, the state agency, doesn’t have the legal authority to allow people access to flooded waters or ice over private property without legislative approval.
What did private property rights advocates say about the ruling?
- Game Fish & Parks, the state agency, was motivated to “open additional lands to hunting and fishing without seeking legislative approval.”
Argus Leader | High court strikes victory for private property rights