Bockoven v. Board of Sup'rs.

Citations

• 13 S.D. 317
• 83 N.W. 335
• 1900 S.D. LEXIS 148

Syllabus

<p>1. Under Comp. Laws, §§ 1296-1298, giving the board of supervisors jurisdiction to lay out highway's and award compensation for the land appropriated for that purpose, on the filing of a petition with the board, signed by at least six legal voters who are owners of land or occupanls under the homestead or pre-emption laws of the United States, or under contract from the state, situated within one mile from the proposed road, a petition signed by ten persons is sufficient, without designating-how they held their land, although some of them were not qualified, where it appeared that six of them were competent.</p> <p>2. Under Comp. Laws, §§ 1296-1298, requiring- a petition to be filed with the board of supervisors, signed by six legal voters who own land or occupy it under the homestead or pre-emption laws Of the United States, situated within one mile of the proposed highway, in order to confer jurisdiction on the board to condemn land for such highway, the fact that two signers of a petition wore W. C. E. and Carl O., and Warren E. and Carl L. C. are members of the board, will not invalidate the proceedings, in the absence of proof that the signers of the petition and the members of the board were the same persons.</p> <p>3. An instruction that any benefit which the owner would derive from the establishment of a highway should be deducted from the damages allowed for his land taken for such highway was erroneous, in the absence of evidence that he would secure any benefit.</p> <p>4. An instruction that, where an owner comes in and claims his land is very valuable, it is no hardship for valuable farms to contribute to good roads, was erroneous, as prejudicial to the defendant.</p> <p>5. An instruction that the court will sanction any verdict the jury may return was erroneous, since it left more to lay men than the law justifies.</p> <p>6. Under the bill of rights, providing that private property shall not be taken for public use or damaged without just compensatio