South Dakota Court Orders Trial on Property Access
The state Supreme Court ruled that landowners seeking access to isolated tracts are entitled to a trial de novo.
Updated on Oct. 30, 2026 in Law
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The South Dakota Supreme Court has ordered an evidentiary hearing regarding access to land parcels near Lake Alice. The ruling reverses a lower court decision that previously denied a trial for the property owners.
Why it matters
The ruling clarifies legal standards for isolated-tract owners seeking public access rights. It reinforces the right to a trial de novo for landowners navigating disputes over access routes through neighboring properties.
State law mandates that isolated-tract owners must cover all costs of proceedings for right-of-way damages. The plaintiffs were previously assessed $29,799 for a private appraisal of potential damages to neighbors' land.
The players
South Dakota Supreme Court
The highest court in the state, which issued the opinion requiring the trial.
Deuel County Commission
The local government body that previously proposed access routes for the land tracts.
Third Circuit Court
The court responsible for conducting the upcoming trial de novo regarding the land access.
The details
The dispute centers on Zirbel family parcels that lack direct access to a public roadway, purportedly because Altamont Township vacated a section line decades ago. The Third Circuit Court must now hold a trial to resolve the access dispute after the Supreme Court found the lower judge applied an incorrect standard.
Timeline
1959: Altamont Township allegedly vacated a public section line.
October 2026: The South Dakota Supreme Court released its 27-page opinion.
Political Context
The ruling underscores the tension between individual property rights and the authority of local townships to manage public infrastructure like section lines. Critics and neighboring landowners often argue that expanded access rights could unfairly burden private property owners who must host these routes.
Landowners in similar disputes must be prepared to shoulder significant financial burdens, including appraisal costs and legal fees, to prove their right to access. Residents may see increased litigation as this ruling sets a precedent for how circuit courts handle requests for trial de novo.
The takeaway
Property owners facing land access challenges should track their local township section line records closely. Securing legal access to landlocked parcels requires both a significant financial investment and the patience to navigate state appellate court processes.
Further reading
Learn more about local judicial developments in South Dakota Law.
Source note: This article includes information reported by KELO-LAND TV.
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