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     23-2-322. Prescriptive easement not acquired by recreational use of surface waters. (1) A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.
     (2) A prescriptive easement cannot be acquired through:
     (a) recreational use of surface waters, including:
     (i) the streambeds underlying them;
     (ii) the banks up to the ordinary high-water mark; or
     (iii) any portage over and around barriers; or
     (b) the entering or crossing of private property to reach surface waters.

     History: En. Sec. 5, Ch. 556, L. 1985.

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