Ehlers v. Jones

Plaintiffs brought this action to enjoin the defendants from proceeding with the construction of a county highway over their property. They alleged the defendant county commissioners of Minnehaha County purported to condemn cr strip of land 17 feet wide along the north side of their 160 acre homestead under SDC 28.1301 without a jury having fixed compensation and that this was a violation of their rights under Art. VI, Section 13 of the South Dakota Constitution as amended. The trial court held the provisions of SDC 28.1301 and the applicable portions of SDC 12.0618 placed unreasonable…