43-17-1. Land below ordinary high-water mark of navigable lake or stream–Law governing ownership. The ownership of land below ordinary high-water mark, and of land below the water of a navigable lake or stream, is regulated by the laws of the United States or by such laws of the state as the Legislature may enact. Source: […]
43-17-10. Title to land by avulsion–Reclamation by original owner of part of land carried away. If a river or stream, navigable or not navigable, carries away by sudden violence a considerable and distinguishable part of a bank and bears it to the opposite bank or to another part of the same bank, the owner of […]
43-17-11. Stream forming new course–Abandonment of ancient stream bed–Owners of newly occupied land take ancient stream bed proportionately. If a stream, navigable or not navigable, forms a new course, abandoning its ancient stream bed, the owners of the land newly occupied take by way of indemnity the ancient stream bed abandoned, each in proportion to […]
43-17-12. New arm of stream–Island formed by division belongs to owner of shore. If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore and thereby forms an island, the island belongs to such owner. Source: CivC 1877, §588; CL 1887, […]
43-17-13. Ownership of island or accumulation of land in nonnavigable stream. An island or accumulation of land formed in a stream which is not navigable belongs to the owner of the shore on that side where the island or accumulation is formed, or if not formed on one side only, to the owners of the […]
43-17-14. Land acquired by reliction–Apportionment and division–Preparation, contents and recording of survey. It shall be the duty of all owners of land acquired by reliction to cause the same to be apportioned and divided among the various owners entitled thereto and to have the same surveyed, marking each separate tract “Relicted lot No. ____,” numbering […]
43-17-15. Failure or neglect of owners of land acquired by reliction to plat land–Enforcement action by municipal officials. In the event that any owner or owners of land acquired by reliction shall fail or neglect to comply with the provisions of §43-17-14 within the time therein specified the supervisors of the township or townships, or […]
43-17-16. Action to enforce survey of land acquired by reliction–Determination of ownership–Appointment of commissioners to divide and survey relicted lands. The circuit court may upon the trial of any action under §43-17-15 ascertain and determine by its judgment the owners of the relicted land and cause the same to be surveyed and shall appoint three […]
43-17-17. Plat and survey of relicted lands by commissioners–Report in writing–Filing with clerk of courts. The commissioners appointed pursuant to §43-17-16 shall make their report in writing, including an accurate plat and survey of such relicted land marking each separate tract “Relicted lot No. ____” numbered consecutively, beginning with the number “1,” and file the […]
43-17-18. Report and survey of relicted lands by commissioners–Adoption or modification by circuit court–Filing of certified copy of judgment–New trial and appeal. At the next succeeding term of such court or at any subsequent term to which the same may be continued, such action shall be brought on for final determination upon the report and […]
43-17-19. Costs of action to enforce plat and survey of relicted lands. The court may adjudge the defendants who are owners of such land or any part thereof to pay the costs and disbursements of such action in such proportions as the court may deem just and equitable, including a reasonable amount for the survey, […]
43-17-2. Upland owner taking to edge of navigable lake or stream at low-water mark–Exception–Navigable rivers and lakes as public highways. Unless the grant under which the land is held indicates a different intent, the owner of the upland, if it borders upon a navigable lake or stream, takes to the edge of the lake or […]
43-17-20. Establishment of water marks on lakes–Definition of terms. Terms used in §§43-17-21 to 43-17-26, inclusive, unless the context otherwise requires, mean: (1)”Board,” the Water Management Board created by §1-41-15 and further defined in §1-41-15.4; (2)”Ordinary high water mark,” the term as defined in decisions rendered by the courts of this state; (3)”Ordinary low water […]
43-17-21. Water Management Board to establish and mark high and low water marks on public lakes–Change on change in natural conditions. The Water Management Board shall establish, pursuant to §43-17-28 and in accordance with the contested case provisions of chapter 1-26, the ordinary high water mark and install benchmarks and may establish the ordinary low […]
43-17-23. Natural factors given precedence in water marks–When man-made influences considered. In determining the ordinary high water mark, natural factors take precedence. Man-made influences, either those that have been constructed to lower the mark or those constructed to raise the mark, shall be disregarded unless the influences have been lawfully constructed or have existed and […]
43-17-24. Investigation of site where water mark to be established–Consultation with other agencies–Public hearings. To determine the ordinary high water mark and ordinary low water mark for a lake, the Water Management Board may on the application of any of the parties or on its own motion, physically investigate the site, confer with other state […]
43-17-24.1. Notice of public hearings on water marks. The Water Management Board shall serve notice on all persons who can be identified with reasonable diligence and who own property which may be affected by a water mark determination, of the date of the hearing required by this chapter. Notice shall consist of service by first […]
43-17-24.2. Prior decisions on water marks validated–Rights barred by no action. Any decision of the Water Management Board setting a high water mark or a low water mark prior to January 1, 1992, is hereby cured, legalized, and validated as fully as if the decision had been issued in full compliance with §43-17-24. If any […]
43-17-25. Reconsideration of water marks established by board–Final unless appealed to courts. The Water Management Board shall reconsider its establishment of water marks upon request, if the request is made within a period of sixty days following the publication of the order establishing the water marks, and if additional pertinent information or data is made […]
43-17-26. Ownership and rights of use unaffected. Nothing in §§43-17-20 to 43-17-25, inclusive, shall be construed to alter rights of ownership and use of any lands bordering upon navigable lakes or streams or those portions of such lands between ordinary high water mark and ordinary low water mark. Source: SL 1978, ch 305, §7; SL […]
