South Dakota Statutes
§ 49-16A-75.2 — Railroad carries burden of proof to show public necessity.
South Dakota § 49-16A-75.2
JurisdictionSouth Dakota
Title 49PUBLIC UTILITIES AND CARRIERS
Ch. 49-16AINTRASTATE RAILROAD REGULATION
This text of South Dakota § 49-16A-75.2 (Railroad carries burden of proof to show public necessity.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 49-16A-75.2 (2026).
Text
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Dakota, Minnesota & Eastern Railroad v. South Dakota
236 F. Supp. 2d 989 (D. South Dakota, 2002)
Legislative History
SL 1999, ch 222, § 6.
Nearby Sections
15
§ 49-1-1
Repealed§ 49-1-10
Hearings before commission--Oaths.§ 49-1-11
Rules of commission.§ 49-1-13
Annual report to Governor--Contents.§ 49-1-13.1
Repealed§ 49-1-16
Duties of state's attorneys.§ 49-1-17
Repealed§ 49-1-19
Appeals from commission.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 49-16A-75.2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/49-16A-75.2.