Real Estate & Property Law

Failure to Refer Vote

By Alan Ackerman

Sioux City Journal

An eminent domain law passed by the South Dakota Legislature this year will take effect Tuesday as scheduled.

The law will help the Dakota, Minnesota and Eastern Railroad and its proposal to expand to Wyoming's coal fields. It speeds up the process when a railroad asks to use eminent domain to cross private property.

-Referenda is available in most states. However, the availability is not enough.  If citizens desire to challenge the legislative action, there must be basic support throughout the jurisdiction.  South Dakota citizens maintained a vocal opposition to the DM&E project.  Apparently, the group was either not strong enough to obtain the needed signatures to be on the ballot, or not organized enough, or maybe the public did not maintain the same opposition. 

Full post as published by National Eminent Domain Blog on June 29, 2008 (boomark / email).