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NYSTROM v. STATE

No. 9945.

119 N.W.2d 123 (1962)

A.S. NYSTROM, Plaintiff, v. STATE of South Dakota, Defendant.

Supreme Court of South Dakota.

December 21, 1962.

Attorney(s) appearing for the Case

Roswell Bottum, Burnell H. Hendricksen, Rapid City, for plaintiff

A. C. Miller, Atty. Gen., John Wehde, Asst. Atty. Gen., for defendant.

HANSON, Judge.

This is an inverse condemnation action by a private landowner against the State of South Dakota for damages caused by the unlawful taking of plaintiff's land without compensation. The land taken is an elongated strip of property located in Rapid Canyon. It was formerly a part of the old Crouch Line Railway right of way which plaintiff acquired by purchase. In a prior companion action1 title to the subject

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