South Dakota Department of Transportation v. Clark (SD)Annotate this Case
The South Dakota Department of Transportation (DOT) obtained title to land once owned by Defendants Philip Clark, P&J Enterprises, LLC and Hansen Manufacturing Corporation by eminent domain. The jury determined the amount of compensation to award for the taking. The trial court subsequently awarded prejudgment interest and attorney’s fees to Defendants. The DOT challenged the award of attorney’s fees. The Supreme Court found that the plain language of the applicable state law allows for an award of prejudgment interest and attorney’s fees in connection with eminent domain takings. Accordingly, the Court affirmed the trial court’s decision.