State Ex Rel. Department of Transportation v. JB Enterprises, Inc.

KERN, Justice, and GILBERTSON, Chief Justice

[¶ 1.] Justice Kern delivers the opinion of the Court on Issue One (raised by the State on notice of review) and Issue Two. Chief Justice Gilbertson delivers the opinion of the Court on Issue Three.

[¶ 2.] KERN, Justice, writing for the Court on Issue One and Issue Two.

[¶3.] The State reconstructed the interchange at Interstate 90 and Highway 115 (Cliff Avenue) in Sioux Falls. Prior to initiating the public improvement, the State instituted a quick-take condemnation action under SDCL chapter 31-19 against the landowner, JB Enterprises, Inc. (JBE),…