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HALL v. STATE EX REL. DEPT. OF TRANSP.

No. 25769.

806 N.W.2d 217 (2011)

2011 S.D. 70

Patrick R. HALL, Marlyn G. Erickson and Fuel Food Mart, Inc., a South Dakota Corporation, Plaintiffs and Appellants, v. STATE of South Dakota, by and through the SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION and the South Dakota Department of Transportation Commission, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 26, 2011.

Attorney(s) appearing for the Case

Brian W. Blaesser of Robinson & Cole, LLP, Boston, Massachusetts and Jeffrey G. Hurd of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Karla L. Engle of South Dakota Department of Transportation, Pierre, South Dakota, Attorney for defendants and appellees.

ZINTER, Justice.

[¶ 1.] Patrick Hall, Marlyn Erickson, and Fuel Food Mart, Inc. ("Landowners") own property abutting former Exit 66 on Interstate 90 (I-90), a controlled-access highway that passes by Ellsworth Air Force Base. A part of Landowners' property was taken by condemnation in 1961 for the construction of I-90 and Exit 66. In that condemnation proceeding, the State mitigated the severance damages for the property not taken because of the "special benefit...

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