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2018 Op. S.D. Att'y Gen. 1 (2018)

handle is hein.sag/sagsd0070 and id is 1 raw text is: 
        STATE OF SOUTH DAKOTA




OFFICE  OF ATTORNEY   GENERAL
      1302 East Highway 14, Suite 1
      Pierre, South Dakota 57501-8501
         Phone (605) 773-3215
         Fax (605) 773-4106
         TTY (605) 773-6585
           http://atg.sd.gov/


  CHARLES D. McGUIGAN
CHIEF DEPUTY ATTORNEY GENERAL


March  15, 2018



Jay M. Leibel
Ipswich Township Attorney
113 Egan  Avenue South
P.O. Box 6
Madison, SD  57042

OFFICIAL  OPINION  No. 18-01

Re:   Farming, Altering, Fencing, or Otherwise Obstructing  or Altering
      Section-Line Highways

Dear Mr. Leibel,

You have requested an official opinion from the Attorney General's Office based
on the questions listed below.

QUESTIONS:

   1. Whether SDCL  31-31-2 requires the removal of vegetation only from the
      shoulder of a public highway right-of-way?

   2. Whether the farming, fencing, or altering the grade of any portion of a
      section-line highway violates SDCL 31-18-1 in that it denies the general
      public access to the section-line highway?

   3. Whether SDCL  31-32-7 prohibits farming of an unimproved section-line
      highway?

   4. If landowners and occupants of land adjoining and abutting section-line
      highways are authorized to farm unimproved section-line highways, then


MARTY J. JACKLEY
ATTORNEY GENERAL

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