Most of my dealings with the law involve the right of way law in SD. If you have never hunted in SD the right of way law simply states that all rights of ways in SD are public property (except where specifically marked) for the hunting of upland bird and migratory birds. The birds must take flight from or be flying over the right of way. You can retrieve on private property as long as your gun stays on public property. You must be 660 ft away from livestock, occupied dwellings, etc. For pheasants this opens up a TON of area to hunt if you are careful and follow the rules. Most people don't use this law for migratory birds, except maybe for me, and this is where I deal with the law.
There was a particular property just north of a town I used to live in. It was a prime feeding grounds for late season honkers. They would roost in the towns warm water ponds which never froze over and fly low over the river and into her cattle fields to eat corn. When they would leave they would swing wide over the local highway before heading south into town. Now this was no little highway, it was and is a main 2 lane paved highway that is 65mph (I never take a dog here). After years of asking for permission from the landowner I said screw it I'm going to shoot from the highway ditch when they fly overhead, which was completely within my right according to SD law. So the next morning I drove my little Toyota Corolla up and parked on a pull off in the right of way about 10am. I got my gun out and just sat there looking into the field waiting for them to leave like clockwork at about 10:30 am. Sure enough they start leaving. First two waves get up and are too high and down the fenceline farther. They three groups getup and there is a flock of 5 that are being pushed low and straight at me by a larger flock above. I duck down behind the weeds and wait for there approach. They get closer and closer finally I lift up from the weeds when they are 10 yards out. They staring flaring straight up and parallel to the fenceline. I drop two and quickly retrieve them both landing in the ditch. I settle back in and wait some more picking off a single as well. I drop another single but this time it lands in the field as it banks away. As I'm retrieving I see the landowner hollering from her porch. I can't hear anything as she is 1/2 mile away but I'm sure is isn't pleasant things. I see her rip out of her driveway as I am walking back towards my vehicle with my 4th bird. She pulls up behind my vehicle blocking it in and rips me a new one telling me she is calling the Game Warden, Police, etc. I drop one more bird as she is in my earhole yelling. I'm really shooting bad at this point due to laughing while I'm puling the trigger as the last group I shot at should have been at least a double. At this point her yelling, honking of horns, and running into the field has sent all the birds into the air and away towards the roost. She continues to berate me as the game warden pulls up. I explain the hunt to him, show him the 5 birds, license, shells, etc. He asks the woman politely to move her vehicle from behind mine. He says I am free to go. She was red in the face, spitting mad, yelling at the warden as I drive off into town. I really felt bad for the warden and never repeated that hunt again. Although I will occasionally shoot some sharp-tails from her ditch just for fun.
