S.D. Codified Laws § 49-16A-75.2 (2026) – Railroad carries burden of proof to show public necessity. | Midpage
§ 49-16A-75.2
S.D. Codified Laws § 49-16A-75.2 (2026)
Railroad carries burden of proof to show public necessity.
SL 1999, ch 222 , § 6.
The applicant has the burden of proving by a preponderance of the evidence that the exercise of the right of eminent domain is a public use consistent with public necessity.