Legal Opinion · Dissent
State Highway Commission v. Olson
South Dakota Supreme Court
Decided July 7, 1965No. File 10178Published
1DissentHomeyer, Judge
I would not reverse. The measure of damages in condemnation cases on a partial taking has been fixed by our decisions. Chicago, M. & St. P. Ry. Co. v. Brink, 16 S.D. 644, 94 N.W. 422; Schuler v. Board of Supervisors, 12 S.D. 460, 81 N.W. 890; State Highway Commission v. Fortune, 77 S.D. 302, 91 N.W.2d 675. It is the difference between the fair market value of the farm or ranch before the taking and its fair *409market value after the taking. In the application of this rule severance damages, if any, to the remaining property are included in an award without being designated as such. The amount…
2Cases cited14 opinions
- State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
- Dwyer v. ChristensenSouth Dakota Supreme Court · 1958
- Alberts v. Mutual Service Casualty Insurance Co.South Dakota Supreme Court · 1963
- State Highway Commission v. BloomSouth Dakota Supreme Court · 1958
- Lang v. BurnsSouth Dakota Supreme Court · 1959
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