49-16A-75.2. Railroad carries burden of proof to show public necessity.
30 words·~1 min read·
/sd/title-49/chapter-49-16/49-16a-75-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.