Benson v. State

ELR Citation: ELR 20023
No(s). 2006 SD 8 (S.D. Jan 24, 2006)

The court holds that a state statute concerning the shooting of small game from a public right-of-way does not constitute a compensable taking under the U.S. or South Dakota Constitutions. Lacking more than intermittent and temporary invasions, or the placement of a fixed structure upon the land by ...