Bockoven v. Board of Sup'rs.
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. Julian Bennett, Judge. Proceedings by the board of supervisors of Lincoln township, Clark county, S. D., to establish a highway. From a judgment of the circuit court sustaining an award of the board of supervisors of §40 to appellant as compensation for his land appropriated for such highway, he appeals. The facts are stated in the opinion.
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Appeal from circuit court, Clark county. Hon. Julian Bennett, Judge. Proceedings by the board of supervisors of Lincoln township, Clark county, S. D., to establish a highway. From a judgment of the circuit court sustaining an award of the board of supervisors of §40 to appellant as compensation for his land appropriated for such highway, he appeals. The facts are stated in the opinion. When private property is taken for public use, the statu tory prooedings must be strictly followed, and it should appear affirmatively of record that they have been so followed and complied with. 7 Ency, PI. &…
1Opinion of the CourtFuller, P. J.
This being an appeal from a judgment of the circuit court sustaining a proceeding of the defendant board, initiated and conducted — so far, at least, as appellant’s interests are involved — in substantial conformity with the various statutory provisions relating to the laying out of public roads, we need not set forth the petition and proof of service, nor detail the successive steps of the board resulting in an award of $40 to appellant in the way of full compensation for a four-acre strip of land actually appropriated, together with incidental damages to the .farm from which it was taken.
The…
2Cases cited13 opinions
- Forsythe v. KreuterIndiana Supreme Court · 1885
- Humboldt Cty. v. DinsmoreCalifornia Supreme Court · 1888
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
- Schuler v. Board of SupervisorsSouth Dakota Supreme Court · 1900
- Bewley v. GravesOregon Supreme Court · 1889
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3Cited by4 opinions
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- Harvie v. Town of CaledoniaWisconsin Supreme Court · 1915
- State Ex Rel. Department of Transportation v. MillerSouth Dakota Supreme Court · 2016
- State Ex Rel. Department of Transportation v. MillerSouth Dakota Supreme Court · 2016