South Dakota

Recreational Use/Recreational Trespass Laws

SDCL 20-9-12 through 20-9-28

§ 20-9-12. Definition of terms

Terms used in §§ 20-9-12 to 20-9-18, inclusive, mean:

(1) "Charge," the admission price or fee asked in return for invitation or permission to enter or go upon the land. Any nonmonetary gift to an owner that is less than one hundred dollars in value may not be construed to be a charge;

(2) "Land," land, trails, water, watercourses, private ways and agricultural structures, and machinery or equipment if attached to the realty;

(3) "Outdoor recreational purpose," includes, but is not limited to, any of the following activities, or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, camping, picnicking, hiking, biking, off-road driving, nature study, water skiing, winter sports, snowmobiling, viewing, or enjoying historical, archaeological, scenic, or scientific sites;

(4) "Owner," the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises.

§ 20-9-13. Landowner not obligated to keep land safe for use by others for outdoor recreational purposes or to give warning--Exception

Except as provided in § 20-9-16, an owner of land owes no duty of care to keep the land safe for entry or use by others for outdoor recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on his land to persons entering for outdoor recreational purposes.

§ 20-9-14. Liability of landowner for invitation to use property for outdoor recreational purposes--Exception

Except as provided in § 20-9-16, an owner of land who either directly or indirectly invites or permits without charge any person to use his property for outdoor recreational purposes, including any person who is on the property pursuant to § 41-9-8, does not thereby:

(1) Extend any assurance that the land is safe for any purpose;

(2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) Assume responsibility for, or incur liability for, any injury to persons or property caused by an act of omission of the owner as to maintenance of the land.

§ 20-9-16. Liability of landowner for gross negligence or injury suffered where consideration charged or law violated

Nothing in §§ 20-9-12 to 20-9-18, inclusive, limits in any way any liability which otherwise exists:

(1) For gross negligence or willful or wanton misconduct of the owner;

(2) For injury suffered in any case where the owner of land charges any person who enters or goes on the land for the outdoor recreational use thereof, except that in the case of land leased to the state or a political subdivision thereof, any consideration received by the owner for such lease may not be deemed a charge within the meaning of this section nor may any incentive payment paid to the owner by the state or federal government to promote public access for outdoor recreational purposes be considered a charge; or

(3) For injury suffered in any case where the owner has violated a county or municipal ordinance or state law which violation is a proximate cause of the injury.

§ 20-9-17. Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreational purposes

Sections 20-9-12 to 20-9-18, inclusive, may not be construed to create a duty of care or ground of liability for injury to persons or property, or relieve any person using the land of another for outdoor recreational purposes from any obligation which he may have in the absence of §§ 20-9-12 to 20- 9-18, inclusive, to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

§ 20-9-18. Doctrine of attractive nuisance not affected

Sections 20-9-12 to 20-9-18, inclusive, does not affect the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions highly dangerous to children.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: Title S.D. Codified Laws §10-6-31.3, 33.28.

Method of Assessment: Agricultural land is assessed using an income approach.

Application: Automatic enrollment.

Current Use Taxation for open-space land: 

South Dakota has no current use taxation to promote open space or recreation.

View all states with no current use taxation to promote open-space landHide all states with no current use taxation to promote open-space land
Tax incentive specifically for providing access: 

South Dakota has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

South Dakota has no tax incentives for land subject to conservation easements.

View all states with no tax incentives when land is subject to conservation easementHide all states with no tax incentives when land is subject to conservation easement
Income Tax: 

South Dakota has no tax credits or incentives for the donation of land or conservation easements.

View all states with no tax incentives for donation of land or conservation easement Hide all states with no tax incentives for donation of land or conservation easement
Hunter Access Program: 

Name of Program: General Hunting Access (Walk-In Areas)

Number of Acres Enrolled: More than 900,000.

Landowners who enroll property in the General Hunting Access Program receive a small payment and immunity from non-negligent liability. Currently the program does not quantify conservation benefits. However, estimates on hunter satisfaction are recorded.

Name of Program: Waterfowl Hunting Access

Number of Acres: Unknown

Landowners are provided a negotiable financial incentive, which is in addition to any other habitat payment the landowner may be involved in. Conservation benefits are not calculated.

Name of Program: Controlled Hunting Access Program (CHAP)

Number of Acres: Unknown

Landowners who enroll in CHAP receive a financial incentive as well as more control over hunter activities on their land, including controlling the amount of hunter use at a given time, setting special provisions for use, placing restrictions on big game species allowed to be harvested, and game retrieval. Data on conservation benefits is not collected.

For additional information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

View all states with hunter access programsHide all states with hunter access programs

Case Law

Johnson v. Rapid City Softball Ass'n, 1994, 514 N.W.2d 693

-Softball was not activity contemplated by recreational use statute and, thus, statute did not provide softball association and city that leased softball complex to association immunity from liability to injured softball player for alleged negligence.
-Under recreational use statutes, land occupier is granted immunity when entrant comes upon occupier's land for recreational purposes without conferring any economic benefit or consideration upon occupier.

Musch v. H-D Elec. Co-op., Inc., 1990, 460 N.W.2d 149, 8 A.L.R.5th 921

-Definition of “owner” in statute describing power to exclude persons from land did not apply to electrical utility which held right-of-way easement but only occupied land for limited purpose not including power to exclude persons from land so that utility was not entitled to take owner's defense of owing no duty of care to licensee.

Kern v. City of Sioux Falls, 560 N.W.2d 236, 1997 SD 19

-Roller-skating on bike trail in city park was use of land for “recreational purposes” within meaning of Recreational Use Statutes, and thus, city was immune from liability in action brought by skaters who fell on uneven section of trail.
-Term “recreational purposes,” as used to determine scope of Recreational Use Statutes, is not limited to activities performed or enjoyed only on undeveloped land.