Real Estate & Property Law

Uphill Battle in Rail Condemnation

By Alan Ackerman

Grand Forks Herald

The signatures still need to be verified, but a group trying to keep a South Dakota law on land condemnation from going into effect has turned in petitions to put the issue on the November ballot.

The group Protect Private Property wants to kill the law passed this year that would speed the hearing process for a railroad to take property under eminent domain.

It's scheduled to take effect July 1 and was prompted by the Dakota, Minnesota and Eastern Railroad's plan to expand and improve its line to haul coal from Wyoming to Minnesota.

More than 19,500 signatures were turned in Monday. If nearly 17,000 of them are valid, the law would be suspended until November.

The railroad says it has been working with landowners to acquire rights of way but might need to use eminent domain in some areas. 

-The group fighting the condemnation has a true 'uphill' battle.  First, the voters will look at the referendum issue closely.  Second, if a vested right is now taken from the railroad, the citizens may have to pay Just Compensation to the RR system for its lost vested right!

Full post as published by National Eminent Domain Blog on June 18, 2008 (boomark / email).