Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions

Any landowner may deny a state agency the use of his taxable property, including inundated property if such property has been inundated for a period of at least three years, borders the water's edge and lies above the ordinary high water mark of a navigable lake that includes at least five thousand acres of inundated land in private ownership. Any state agency may allow public access for stated purposes to taxable private property if the landowner has given his permission for such access and use and if all taxes paid by the landowner on the property for the period in which the property is open to public use are reimbursed by the state agency. This section does not apply to public highways that are maintained for use by motor vehicles. Source: SL 1989, ch 379 , § 4. 43-17-33 . Public access to private lands pursuant to § 43-17-32 --Identification of affected property by state agency. If public access to taxable private lands is allowed by a state agency pursuant to § 43-17-32 , the agency shall identify and mark the affected property in a manner that is plainly visible and understandable to a user of the property. Source: SL 1989, ch 379 , § 5.