South Dakota § 49-16A-75.4 - Proceedings to establish compensation--Physical possession.
Full text of South Dakota South Dakota Codified Laws § 49-16A-75.4 — Proceedings to establish compensation--Physical possession., with citation guidance and answers to common questions.
§ 49-16A-75.4. Proceedings to establish compensation--Physical possession.
Upon a failure to reach agreement on compensation following a determination pursuant to § 49-16A-75.3, either party may bring a proceeding in state court to establish compensation to be paid for the property taken or damaged. The court shall expedite the proceedings. A railroad is not entitled to physical possession of the property to be taken pursuant to the exercise of eminent domain except upon the earlier to occur of either:
(1) Execution of a written agreement between the parties as to fair market value of compensation;
(2) Entry of a judgment of condemnation in the circuit court; or
(3) Upon posting by the railroad of a bond to be established by the court as soon as possible but no later than one hundred twenty days following petition by the railroad for possession. The bond shall be in an amount the court determines to be a preliminary estimate of compensation based on the best information available, but is not determinative of final compensation or admissible as evidence thereon.
Source: SL 2008, ch 238, § 3.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 49-16A-75.4
What does South Dakota Codified Laws § 49-16A-75.4 cover?
Section 49-16A-75.4 ("Proceedings to establish compensation--Physical possession.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 49-16A-75.4?
A common citation format is "South Dakota Codified Laws § 49-16A-75.4" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 49-16A-75.4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.