Town of Dell Rapids v. Irving

Citations

• 7 S.D. 310
• 29 L.R.A. 861
• 64 N.W. 149
• 1895 S.D. LEXIS 73

Syllabus

<p>1. The provisions of section 1302, Comp. Laws, imposing upon township supervisors the duty of assessing the damages sustained by the owner of land by reason of the laying out, altering, or discontinuing any road,— the right to an appeal and a jury trial being given to the party who feels aggrieved by any such determination or award of damages made by such supervisors (section 1324, Comp. Laws), — are not in conflict with the provisions of sec. 13, art. 6, of the state constitution, which , reads as follows: “Private property shall not be taken for public use, or damaged, without just compensation as determined by a jury, which shall be paid as soon as it can be ascertained and before possession is taken. * * * ”</p> <p>2. The purpose of the provisions of the constitution evidently is to secure to a party whose property is taken or damaged for public use, the right to a jury trial upon the question of damages, and that right is secured by giving to the party whose land is so taken or damaged the right to an appeal to a court in which such a jury trial may be'had.</p> <p>3. The term -‘municipal corporation,” as used in chapter 94, Laws 1891, does not include townships organized under the laws of this state.</p> <p>4. The term “other corporations” does not include townships organized under the laws of this state.</p> <p>5. Chapter 94, Laws 1801, was designed to effect “municipal” and “other corporations” referred to in section 18, art. 17 of the constitution only, and has no application to quasi corporations organized under the laws of this state for political and governmental purposes.</p> <p>(Syllabus by the Court.</p>