Long v. State of S.D.

[¶60.] I respectfully dissent. The State’s construction of Highway 11 in 1949 is not a proximate cause of Landowners’ loss in 2010 because such loss was not the natural and probable consequence of the construction of Highway 11. And if it was the natural and probable consequence, then such loss was already within the scope of the State’s right to construct Highway 11. That aside, if the State is required to compensate Landowners, then under the facts of this case, the State necessarily has a permanent drainage easement. Finally, Landowners’ settlement with the City should have been deducted…