No pleading other than the petition shall be required in a condemnation proceeding initiated pursuant to § 31-19-3, unless ordered by the court. If there be adverse claimants for the compensation, the court may require such adverse claimants to interplead, so as to determine fully the rights and interests in such compensation. The only issue that shall be tried by the jury upon the petition shall be the amount of compensation to be paid for the property taken or damaged.
S.D. Codified Laws § 31-19-4
Pleadings necessary--Interpleader--Compensation only issue
Applied in 3 court decisions — leading case State Ex Rel. Department of Transportation v. Miller (2016)
Most recently applied in S.D. Dep't of Transportation v. Legacy Land Co. (November 2023)
Source: SL 1939, ch 113, § 4; SDC Supp 1960, § 28.13A04.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.