City of Rapid City v. Finn

[¶ 26.] I concur in the majority opinion in all respects. I add this opinion to comment on SDCL 21-35-10.1 and our affirming the use of that statute by the trial court to overturn a city’s declaration of taking.

[IT 27.] At first blush our opinion appears to beat a retreat from the traditional deference given by the courts to the legislative branch of the government when it delegates the power of eminent domain. Basin Elec. Power Co-op. v. Payne, 298 N.W.2d 385, 388 (S.D.1980)(citing Otter Tail Power Company v. Malme, 92 N.W.2d 514, 521 (N.D.1958)).

[¶ 28.] The Constitution of South Dakota,…