If any person who is a proper party defendant, or any property affected thereby, shall have been omitted from the declaration of taking filed pursuant to § 31-19-23, the plaintiff may file amendments to include the same, which amendments from the filing thereof shall have the same force and effect as though included in the original proceedings. The naming or omission of defendants' names shall not defer the effect of the declaration of taking.
S.D. Codified Laws § 31-19-27
Parties omitted from declaration of taking--Amendment--Amendment as not deferring effect of declaration
Applied in 1 court decision — leading case State ex rel. Department of Transportation v. Richey Motor Co. (1978)
Most recently applied in State ex rel. Department of Transportation v. Richey Motor Co. (September 1978)
Source: SL 1963, ch 195, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.