Section 49-16A-75.2 - Railroad carries burden of proof to show public necessity. - South Dakota Statutes

49-16A-75.2. Railroad carries burden of proof to show public necessity. 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.

Source: SL 1999, ch 222, § 6.