South Dakota Supreme Court

The State of South Dakota, Acting by and Through the Department of Transportation and the South Dakota…

February 7, 19961996 S.D. LEXIS 14

Summary

The court affirmed a condemnation judgment awarding the landowner $945,816. It held that the landowner’s valuation opinion was admissible even though some underlying factors were independently inadmissible, because those matters affected weight rather than admissibility and no prejudicial error was shown. The challenge to the opposing expert’s methodology was unpreserved, and the damages award did not establish passion, prejudice, or an abuse of discretion in denying a new trial.