49-16A-75.3. Determination of public use consistent with public necessity--Appeal.A railroad's exercise of the right of eminent domain is a public use consistent with public necessity only if the use of eminent domain is proposed by an applicant who has negotiated in good faith to privately acquire sufficient property without the use of eminent domain. No determination of public use or necessity or any other issue properly decided by the Governor or the commission may be addressed by the circuit court in an action for condemnation. Such a determination may only be challenged upon direct appeal of that determination. Notwithstanding appeal of such determination, the railroad may proceed at any time by action in circuit court for possession and determination of compensation for any real property taken or damaged. Source: SL 1999, ch 222, §7; SL 2006, ch 232, §1; SL 2008, ch 238, §2.
South Dakota Legal Code