S.D. Codified Laws § 43-30 app. 9-04
Current through the 2024 Legislative Session
When determining the status of title for lands that contain ownership by a railroad in the chain of title, you must consider the source of the title and the language of the document vesting title in the railroad. Railroads may obtain title through grants, condemnation or purchase. Language in the vesting document may state or imply a fee simple interest or easement interest but several cases (listed below) have interpreted the interests differently depending upon the timing of the conveyance and the language of the document.
SDCL app TO CHAPTER 43-30 § 9-04