A proceeding to condemn land for public use may not be abandoned after filing of declaration of taking, so as to deprive an owner whose property had been taken of his constitutional right to have damages assessed and paid in money.
S.D. Codified Laws § 31-19-35
Prohibition against abandoning condemnation proceeding
Applied in 2 court decisions — leading case State Ex Rel. Department of Transportation v. JB Enterprises, Inc. (2016)
Most recently applied in State Ex Rel. Department of Transportation v. JB Enterprises, Inc. (December 2016)
Source: SL 1963, ch 195, § 7.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.