Legal Opinion · Concurrence

Reis v. Miller

South Dakota Supreme Court

Decided June 19, 1996No. NonePublished

1ConcurrenceGilbertson, Justice

[¶ 27] I fully concur with the analysis and result of the majority opinion. I write separately only to present additional analysis which I believe also supports the majority conclusion. It is clear that South Dakota has a tradition of allowing hunting except where the Legislature has chosen to restrict or prohibit it.

[¶ 28] Historically, there is no support for the contention of the Plaintiffs that the Territorial Legislature in 1870, when accepting the rights-of-way easement from the Federal Government by enacting what is now SDCL 31-18-1, somehow intended to limit or preclude hunting from…

2Cases cited6 opinions

  1. DeCoteau v. District County Court for the Tenth Judicial DistrictSupreme Court of the United States · 1975
  2. Bates v. ClarkSupreme Court of the United States · 1877
  3. State v. PetersSouth Dakota Supreme Court · 1983
  4. State v. PollockSouth Dakota Supreme Court · 1919
  5. Clark v. BatesSupreme Court Of The Territory Of Dakota · 1874

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