In all cases of taking or damaging private property by a municipal corporation, the jury shall take into consideration the benefits which may accrue to the owner thereof as the result of the proposed improvement.
S.D. Codified Laws § 21-35-17
Benefits of municipal improvement considered by jury
Applied in 2 court decisions — leading case State Highway Commission v. Emry (1976)
Most recently applied in Kjd, LLC v. City of Tea (April 2025)
Source: SL 1891, ch 94, § 11; RCCivP 1903, § 873; RC 1919, § 2948; Supreme Court Rule 603, 1939; SDC 1939 & Supp 1960, § 37.4010.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.