South Dakota’s Approach To Condemnation

The use of eminent domain (condemnation) is a modern legal problem. Condemnation is the taking of property for a public and in some cases a private interest. Condemnation is a legally sanctioned sword. My argument in this article is not that eminent domain as a...

Free Land — If You Can Keep It

Free Land – If You Can Keep It It seems everyone is looking for newfound money whether in the form of land or the lottery. Let us look at the miracle of “new land” obtained by accretion along a riverbank as a phenomena of newfound money. Property boundaries matter...

Is the Trump Option Available In SD For Condemnation?

Is the Trump Option Available In SD For Condemnation? Eminent domain is one of the toughest and most controversial legal powers available to a government, but the South Dakota legislature has so far failed to manage it properly. Eminent domain allows a governmental...

Does Eminent Domain Apply to Water Rights?

Does Eminent Domain Apply to Water Rights? Eminent domain is one of the toughest and most controversial legal powers available to a government. The doctrine of eminent domain allows a governmental body to convert privately owned land to another use, often over the...