South Dakota Codified Laws 49-17A-18. Power of eminent domain–Restrictions on acquisition of public or railroad property
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An authority may acquire all real or personal property that it deems necessary for carrying out the purposes of this chapter, whether in fee simple absolute or lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 21-35. An authority shall have no power of eminent domain with respect to property owned by another authority or subdivision or public agency of this or any other state without the consent of such authority, subdivision, or public agency. The authority shall not condemn property owned or used by a railroad corporation unless such property is the subject of an abandonment petition filed with the interstate commerce commission.
Terms Used In South Dakota Codified Laws 49-17A-18
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Source: SL 1978, ch 344, § 18.