For purposes of § 41-9-1.1 any public right–of–way along a section–line or other highway is open for public hunting, fishing, or trapping if:

(1) The right–of–way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well–worn vehicle trail; or

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(2) An intentional alteration or adaptation has been made to the right–of–way to enhance the natural terrain’s utility for vehicular travel or to permit vehicular travel where it was not previously possible.

Source: SL 1996, ch 252, § 2.