Legal Opinion

State Highway Commission v. Anderson

South Dakota Supreme Court

Decided May 25, 1976No. File 11753PublishedCited by 4 opinions

1Opinion of the Court

DUNN, Chief Justice.

This is a condemnation action. The land involved is situated in Roberts County, South Dakota, and was condemned for the construction of U.S. Interstate Highway 29. Defendants own 400 acres of land which was determined to be the unit for purposes of the condemnation action. The land contains improvements. Of the 400 acres, 27.60 acres were taken by condemnation. Since 2.21 acres were previously section line right-of-way, the net taking amounted to 25.39 acres. In addition 3.43 acres were temporarily taken by a construction easement. Due to the nature of the condemnation,…

2Cases cited5 opinions

  1. United States v. 5139.5 Acres of Land, in Aiken and Barnwell Counties, S. C., Tract No. D-308Court of Appeals for the Fourth Circuit · 1952
  2. State Highway Commission v. Hayes EstateSouth Dakota Supreme Court · 1966
  3. Tidball v. MillerSouth Dakota Supreme Court · 1948
  4. State Highway Commission v. LaceySouth Dakota Supreme Court · 1962
  5. Nystrom v. StateSouth Dakota Supreme Court · 1962

3Cited by4 opinions

  1. STATE BY & THROUGH DEPT., ETC. v. Richey MotorSouth Dakota Supreme Court · 1980
  2. Munderloh v. SeastromSouth Dakota Supreme Court · 1978
  3. State Highway Commission v. SchiltzSouth Dakota Supreme Court · 1976
  4. State ex rel. Department of Transportation & the Board of Transportation for the Division of Highways v. Baken Park Enterprises, Inc.South Dakota Supreme Court · 1977

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