South Dakota § 41-23-1 - Legislative findings.
Full text of South Dakota South Dakota Codified Laws § 41-23-1 — Legislative findings., with citation guidance and answers to common questions.
§ 41-23-1. Legislative findings.
The Legislature finds:
(1) The South Dakota Supreme Court, in Parks v. Cooper, 2004 SD 27 and Duerre v. Hepler, 2017 SD 8, held that the Legislature has the obligation to determine the extent of public use of water overlying private property for recreational purposes; and
(2) Because the state holds the waters in trust for the benefit of the public, the Legislature must balance the interests of recreational users and the rights of private property owners to provide a constitutionally sound and manageable basis for establishing public recreational use of water overlying private property in accordance with this chapter.
Source: SL 2017 (SS), ch 1, § 1, eff. June 12, 2017.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 41-23-1
What does South Dakota Codified Laws § 41-23-1 cover?
Section 41-23-1 ("Legislative findings.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 41-23-1?
A common citation format is "South Dakota Codified Laws § 41-23-1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 41-23-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.