Hall v. State Ex Rel. South Dakota Department of Transportation

ZINTER, Justice.

[¶ 1.] Patrick Hall, Marlyn Erickson, and Fuel Food Mart, Inc. (“Landowners”) own property abutting former Exit 66 on Interstate 90 (1-90), a controlled-access highway that passes by Ellsworth Air Force Base. A part of Landowners’ property was taken by condemnation in 1961 for the construction of 1-90 and Exit 66. In that condemnation proceeding, the State mitigated the severance damages for the property not taken because of the “special benefit” the remaining property would receive from access that was designated to be provided at Exit 66. However, in 2003, the State removed…