2011 South Dakota Code
Title 49 PUBLIC UTILITIES AND CARRIERS
Chapter 16A. Intrastate Railroad Regulation
§49-16A-75.2 Railroad carries burden of proof to show public necessity.


SD Codified L § 49-16A-75.2 (through 2011) What's This?

49-16A-75.2. Railroad carries burden of proof to show public necessity. 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.

Source: SL 1999, ch 222, § 6.

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