Section 5-4-5 - Easement for utility lines and mains--Cultivation protected--Highways and sectionlines to be used where practical.
5-4-5. Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical. The commissioner of school and public lands shall have authority to grant to any person, or telegraph, telephone, gas, oil, or other company an easement for its lines or mains, or for other public purposes, across or upon school and endowment lands, subject to such reasonable terms, conditions, and regulations as the commissioner may prescribe. Such grant shall not interfere with the cultivation of said lands, and shall not be made unless the public highways or section line rights-of-way are impractical for the purposes of the easement.
Source: SL 1929, ch 219; SDC 1939, § 15.0402.