Morse v. State

Summary

The Court affirmed summary judgment for the State because the plaintiffs did not establish that the State’s mining, reclamation, or retention of mineral rights constituted a taking or damaging of private property for public use. The State’s mining activities occurred while it owned the property, and its retained mining rights did not satisfy South Dakota’s public-use requirement. The Court therefore did not reach strict liability, causation, standing, or timeliness.