Wells v. Pennington County
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. John W. Nowlin, Judge. ■ Appeal to the circuit court of Pennington county from the decision of the board of county commissioners of that county, rejecting plaintiff’s claim for damages for taking and appropriating his certain real property for public use. The issues were tried to a jury and a verdict was rendered for plaintiff and judgment thereupon entered. Defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Pennington county. Hon. John W. Nowlin, Judge. ■ Appeal to the circuit court of Pennington county from the decision of the board of county commissioners of that county, rejecting plaintiff’s claim for damages for taking and appropriating his certain real property for public use. The issues were tried to a jury and a verdict was rendered for plaintiff and judgment thereupon entered. Defendant appeals. The facts are stated in the opinion. The act of congress § 2477 Rev. Stat. U. S., granting the right of way over public lands for highways is a present absolute grant,…
1Opinion of the CourtBennett, J.
This action was brought by appeal to the circuit court of Pennington county from the decision of the board of county commissioners of said county, rejecting plaintiff’s claim for damages, filed with said board. The complaint alleges that on the first day of April, 1885, the county of Pennington, by one John P. McElroy, a road supervisor of said county, without notice or other legal proceedings, took and appropriated the private property of the plaintiff for public use, to-wit, certain lands lying along the regularly surveyed section lines, for a public highway, and on account of the taking…
2Cases cited17 opinions
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