Reis v. Miller’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Historically, there is no support for the contention of the Plaintiffs that the Territorial Legislature in 1870, when accepting the rights-of-way easement from the Federal Government by enacting what is now SDCL 31-18-1, somehow intended to limit or preclude hunting from these ribbons of real estate. During the Territorial period, no limitations can be found on hunting anywhere although I presume that a landowner could maintain an action for trespass for entering on his land without his permission. See Clark v. Bates, 1 Dakota 42 , 46 N.W. 510 (1874), aff'd, 95 U.S. 204 , 24 L.Ed. 471 (1877). However, acts committed within the section line were not held to be a trespass upon the adjoining landowner's real property. State v. Bonine, 41 S.D. 231 , 170 N.W. 138 (1918). As to wild game specifically, it was not until 1899 that the South Dakota Legislature passed its first limitation on hunting anywhere in the State, by requiring the owners' permission to hunt on private land. See SDCL 41-9-1. At common law, wild game was deemed to be the property of the sovereign or state and not of the private real property owner. State v. Pollock, 42 S.D. 360, 365 , 175 N.W. 557, 558 (1919). Therein we stated: This power of the state is based largely on the circumstance that the property right to the wild game within its borders is vested in the people of the state in their sovereign capacity; and as an exercise of its police powers and to protect its property for the benefit of its citizens, it”

   1 later decision quote this exact passage
   e.g. Benson v. State

2. ““In [review of] declaratory judgment actions, this Court ‘has an obligation to reach its legal conclusions independent from the conclusions reached by the trial court.’” Black Hills Novelty Co. v. S.D. Comm’n on Gaming, 520 N.W.2d 70, 72 (S.D.1994) (quoting Northwestern Bell Telephone v. Stofferahn, 461 N.W.2d 129, 134 (S.D.1990)). Thus, we review these questions of law de novo. Id. (citing In re SDDS, Inc., 472 N.W.2d 502, 507 (S.D.1991); Permann v. Department of Labor, 411 N.W.2d 113, 117 (S.D.1987)).”

   1 later decision quote this exact passage
   e.g. Agar School District No. 58-1 v. McGee

3. “At common law, wild game was deemed to be the property of the sovereign or state and not of the private real property owner. State v. Pollock, 42 S.D. 360, 365 , 175 N.W. 557, 558 (1919).... This common law doctrine was reinforced in 1899 by the passage of what is now SDCL 41-1-2, which provides in part, that “any game bird, game animal, or game fish ... shall always and under all circumstances be and remain the property of the state[.]””

   1 later decision quote this exact passage
   e.g. State v. Klager