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STATE EX REL. DEPARTMENT OF TRANSPORTATION v. LEGACY LAND CO.

#29859.

998 N.W.2d 94 (2023)

2023 S.D. 58

The STATE of South Dakota, Acting BY AND THROUGH the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, Plaintiff and Appellee, v. LEGACY LAND CO., Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED November 15, 2023.

Attorney(s) appearing for the Case

JEFFREY G. HURD , EMILY M. SMORAGIEWICZ of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.

MARTY J. JACKLEY , Attorney General, SHANE M. PULLMAN , Special Assistant Attorney General, South Dakota Department of Transportation Pierre, South Dakota, Attorneys for plaintiffs and appellees.

[¶1.] As part of a highway improvement project, the South Dakota Department of Transportation (DOT) constructed a median in the highway abutting property owned by Legacy Land Company (Legacy). The median did not eliminate access to the Legacy property, but it changed it. Vehicles could no longer make a left turn directly into...

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