Hurley v. State

This is an action against the State of South Dakota to recover damages for alleged taking of rights of access to a street. There was no taking or physical invasion of the property of the plaintiffs. Before conversion of the street into a limited-access highway, plaintiffs whose property abuts the street had direct access.

The majority opinion holds that in the absence of a remedy provided by the legislature the state may nevertheless be subjected to suits at the instance of landowners to recover damages for the taking or damaging of private property under the power of eminent domain and thus…