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.
SDCL § 49-16A-75.2 — under INTRASTATE RAILROAD REGULATION.
SDCL § 49-16A-75.2
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.