GroundRules
SDCL § 49-16A-75.2: Railroad carries burden of proof to show public necessity.
Where this section sits in the code
- TITLE 49. PUBLIC UTILITIES AND CARRIERS
- CHAPTER 49-16A. INTRASTATE RAILROAD REGULATION
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.
Collected 2026-09-03T15:18:57Z. Source file · JSON