Public highway not established by mere use

Notwithstanding § 31-3-1 , the mere use by the public of any route of travel along or across public or private land, or the right - of - way of any railroad company for any period, shall not operate to establish a public highway and no right shall inure to the public or any person by such use thereof. Source: SL 1893, ch 100 ; RPolC 1903, § 1632; RC 1919, § 8613; SDC 1939, § 28.0104.