If any person who is a proper party defendant or any affected property is omitted from the declaration of taking filed pursuant to § 21-35-24, the plaintiff may file amendments to include them. The amendments from the time of filing have the same force and effect as if they were included in the original proceedings. The naming or omission of defendants' names does not defer the effect of the declaration of taking.
S.D. Codified Laws § 21-35-28
Amendment of declaration of taking
Applied in 1 court decision — leading case City of Sioux Falls v. Johnson (2001)
Most recently applied in City of Sioux Falls v. Johnson (August 2001)
Source: SL 1983, ch 171, § 5.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.