Legal Opinion

Nystrom v. State

South Dakota Supreme Court

Decided December 21, 1962No. File 9945PublishedCited by 8 opinions

1Opinion of the CourtHanson, J.

This is an inverse condemnation action by a private landowner against the State of South Dakota for damages caused by the unlawful taking of plaintiff's land without compensation. The land taken is an elongated strip of property located in Rapid Canyon. It was formerly a part of the old Crouch Line Railway right of way which plaintiff acquired by purchase. In a prior companion action 1 title to the subject property was quieted in plaintiff adverse to the State's contention that title to the abandoned railroad right of way vested in the abutting owners by virtue of Sec. 13, Art. VI, of the…

2Cases cited4 opinions

  1. Tidball v. MillerSouth Dakota Supreme Court · 1948
  2. State Highway Commission v. LaceySouth Dakota Supreme Court · 1962
  3. Naftzger v. StateOhio Court of Appeals · 1927
  4. Nystrom v. StateSouth Dakota Supreme Court · 1960

3Cited by8 opinions

  1. City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994
  2. State Highway Commission v. Hayes EstateSouth Dakota Supreme Court · 1966
  3. State Highway Commission v. AndersonSouth Dakota Supreme Court · 1976
  4. State ex rel. Department of Highways v. SchreckendgustMontana Supreme Court · 1976
  5. City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994

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