25.838.19 100th Legislative Session 215
2025 South Dakota Legislature
Senate Bill 215
ENROLLED
AN ACT
ENTITLED An Act to remove the prohibition against a landowner having an easement
on the landowner's property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That ยง 43-13-6 be AMENDED:
43-13-6. Except as provided in section 2 of this Act, a servitude on a servient
tenement may not be held by the owner of the servient tenement. A servitude is
extinguished by the vesting of the right to servitude and the right to the servient tenement
in the same person.
Section 2. That a NEW SECTION be added to chapter 43-13:
An easement or servitude created by an owner is valid and effective,
notwithstanding the common ownership of the benefited and burdened property, at the
time of creation or after reacquisition of the property by the creator of the easement or
servitude. 25.838.19 2 215
SB215 ENROLLED
An Act to remove the prohibition against a landowner having an easement on the landowner's
property.
I certify that the attached Act originated in
the:
Senate as Bill No. 215
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 215
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State