SDLRC - Codified Law 0N-6-13 - Private property not taken without just compensation--Benefit to owner--Fee in highways. 0N-6-13 Private property not taken without just compensation--Benefit to owner--Fee in highways.

§ 13. Private property not taken without just compensation--Benefit to owner--Fee in highways. Private property shall not be taken for public use, or damaged, without just compensation, which will be determined according to legal procedure established by the Legislature and according to § 6 of this article. No benefit which may accrue to the owner as the result of an improvement made by any private corporation shall be considered in fixing the compensation for property taken or damaged. The fee of land taken for railroad tracks or other highways shall remain in such owners, subject to the use for which it is taken.

History: Amendment proposed by SL 1961, ch 297, approved Nov. 6, 1962; amendment proposed by SL 1989, ch 3, rejected November 6, 1990.