31-3-2. 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.