South Dakota Senate Bill SB126

South Dakota 2022 Regular Session

• Introduced: 1/27/22
• Refer: 1/27/22
• Report Pass: 2/16/22
• Report Pass: 2/22/22

Caption

Require closure of litigation over the recreational use of nonmeandered waters.

Impact

If enacted, SB126 would enable the South Dakota Department of Game, Fish and Parks to petition the Circuit Court to lift such injunctions. This could affect existing legal obstacles that limit public access, thereby promoting recreational activities on nonmeandered waters. The bill underscores the balance between private property rights and public recreational use, acknowledging that the state holds certain waterways in trust for public benefit. The legislation necessitates the department to report its efforts to comply quarterly, making the process transparent to both lawmakers and the public.

Summary

Senate Bill 126, introduced by Senator Herman Otten, addresses the complex issue of recreational access to nonmeandered waters in South Dakota. The legislation seeks to require the closure of ongoing litigation regarding recreational use of these waters. The South Dakota Supreme Court has previously indicated that the legislature is responsible for determining public access rights to waters situated over private property. There have been significant court rulings that have left existing injunctions in place, preventing the public from utilizing these bodies of water for recreational activities such as hunting and fishing without express authorization from the legislature.

Conclusion

The passage of SB126 could significantly alter the framework governing recreational use of nonmeandered waters in South Dakota. By promoting the lifting of legal restrictions, the legislature may pave the way for renewed public access to these waterways. This bill represents a legislative effort to reconcile the rights of private property owners with the public's interest in accessing and enjoying South Dakota's natural resources.

Contention

There are notable points of contention surrounding this bill. Advocates for public access view it as a vital step toward ensuring outdoor recreational opportunities are available to all citizens, thereby promoting economic activity in related sectors. Conversely, property owners and certain advocacy groups worry that the bill could infringe on landowners' rights and lead to conflicts over property use. The repealing of prior litigation related to the recreational use of these waters raises concerns about how such changes might affect landowner interests and property borders, potentially leading to disputes.