An Act to remove the prohibition against a landowner having an easement on the landowner's property.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 43-13-6 be AMENDED:

43-13-6. AExcept as provided in section 2 of this Act, a servitude thereon cannot on a servient tenement may not be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person.

Section 2. That a NEW SECTION be added to chapter 43-13:

The common law doctrine of merger does not apply to a servitude held by the owner of the servient tenementAn easement or servitude created by an owner is valid and effective, notwithstanding the common ownership of the benefited and burdened property, at the time of creation or after reacquisition of the property by the creator of the easement or servitude.

Section 2. That § 43-13-6 be REPEALED.

A servitude thereon cannot be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person.