SIOUX FALLS, S.D. (KELO AM) - The Non-Meandered Waters Interim Study Committee is meeting for two days in Aberdeen and the focus is on public comment.
The committee is tasked with drafting a measure dealing with public access to lakes that have flooded over private property. The State Supreme Court put the matter into legislator's laps after ruling that it was that body's role to determine if recreation is considered a beneficial use of the water in non-meandered lakes.
Representative Hugh Bartels of Watertown says the first meeting illustrated the variance in real estate taxes that different counties collect from affected landowners. Bartels say in Marshall County if landowners have inundated land the director of equalization will assess it all at $318 an acre.
Bartels says even though the land is currently underwater it still has value. He says every county does those types of assessments differently.
Bartels says some landowners are calling for all counties to address the tax issue in a uniform manner, that the State should mandate assessments. He's not sure if that will happen or not.
Bartels says the issue is complicated and the legislature has repeatedly tried to arrive at a compromise that would appease both landowners and sportsmen.
He doubts lawmakers will ever be able to author a bill that makes everyone happy. He says if they come up with one where everybody is a little upset, it will be the best solution.
He says calling a special session of the legislature will depend on the work of the committee and it's willingness to agree on a measure. He says it's a controversial topic with many levels of concerns.
For instance, Barthel says if a boater drops anchor over private property, even though you're on public water, you could be considered to be trespassing. Or if your bait touches the bottom it's trespass.
The two day meeting is at the Johnson Fine Arts Center in Watertown and includes a tour of meandered and non-meandered lakes.
(Thanks David J. Law, KXLG Watertown)