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South Dakota Amendment to Keep Seized Property with the State (1990)

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South Dakota Amendment A (1990) was a measure relating to disposition of private property taken for public use. It failed with 133,643 votes opposed.

Text of measure

Under present law, land may be condemned or taken for various public uses, including the use for railroad tracks or public highways. The Constitution now provides that when land is condemned for railroad tracks or public highways, the fee ownership remains in the original owner. This amendment addresses what is to occur when use of the particular land for railroad tracks or public highway ceases. Under the present constitutional provision, the particular land would be returned to the original owner or his heirs. The proposed amendment will change the present law if, at the time the use of the land for railroad tracks or public highway ends, the original owner is deceased.

The proposed amendment provides that when the original owner of the land is no longer living at the time the use of the land for railroad tracks or public highway purposes ends, the Legislature could provide for the disposition of such property in a way that best served the interest of the State. The Legislature could, and may be required to, provide that a preference be given to the adjoining owners.[1]

Supporters

None yet identified.

Opposition

None yet identified.

References