Hogen v. South Dakota State Board of Transportation

WINANS, Justice.

This is an action under the Uniform Declaration Judgment Act, SDCL 21-24. Plaintiffs seek a declaration that the Highway Beautification and Regulation of Advertising Act, SDCL 31-29, is unconstitutional and ask for injunctive relief against its enforcement. In the alternative plaintiffs seek a declaration of the damages to *495which they are entitled under the Act. The trial court found the statute to be constitutional in all aspects challenged, denied in-junctive relief, and held that plaintiffs were entitled to “just compensation” as the proper measure of damages. We reverse.

Plai…