Chicoine v. Davis, et al., 2017 S.D. 62. The Chicoines brought an action asking that the circuit court declare that they had an access easement across Mineral Survey 1758 into the adjoining Mineral Survey 1794. The circuit court found that no easement existed, either by grant or prescription. The Chicoines appealed the circuit court’s determination, asserting that a public right-of-way existed across Mineral Survey 1758 by grant. They did not appeal the denial of a prescriptive easement. The Supreme Court, per Justice Severson, affirmed, concluding that the deeds to Mineral Survey 1758 that include a “statutory easement” unambiguously refer to section-line highways established by SDCL ch. 31-18, which establishes a public highway along every section line in the state, and that, alternatively, the requirements for a public easement by grant would need to be demonstrated. There was, however, no dispute that the road was not along a section line, and there had been no argument that the road was a relocated section-line highway. The Court therefore could not determine whether the road in dispute was a section-line highway. The Chicoines therefore had not met their burden as they failed to establish a right in the disputed road that traverses Mineral Survey 1758 by grant in deeds or by statute.