South Dakota Constitution
Article 17 - Corporations.
§ 18 Compensation for private property taken for public use--Assessment of damages.

§ 18. Compensation for private property taken for public use--Assessment of damages. Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed, by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction. The Legislature is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporation or individuals made by viewers or otherwise; and the amount of such damages in all cases of appeal shall, on the demand of either party, be determined by a jury as in other civil cases.

History: Repeal proposed by SL 1975, ch 3, rejected Nov. 2, 1976.