South Dakota Codified Laws 49-16A-75.2. Railroad carries burden of proof to show public necessity
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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.
Terms Used In South Dakota Codified Laws 49-16A-75.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Source: SL 1999, ch 222, § 6.