Chicago and North Western Railway Co. v. Schmidt

HOMEYER, Judge.

These related appeals involve litigation which twice before has been in this court for review. Chicago and North Western Railway Company v. Gillis, 82 S.D. 470, 148 N.W.2d 581 and 83 S.D. 332, 159 N.W.2d 293. The reported opinions show an overassessment of the operating property of. the railway company for the year 1963 resulting in excessive taxes. The narrow question for decision is whether, -such company is entitled to interest on the amount paid on the overassessment and, if so, the procedure applicable.

The railway company owns property in 41 counties in South Dakota.…