South Dakota
How City of Monterey v. Del Monte Dunes at Monterey, Ltd. applies in South Dakota: state-specific rules, key cases, and bar exam notes for Constitutional Law — Takings; Civil Rights (§1983); Land Use.
South Dakota follows the federal constitutional framework regarding takings but may also impose state-specific guidelines based on local land use requirements. The state emphasizes just compensation and due process in land use disputes.
In South Dakota, property owners can assert a takings claim when government action results in a practical loss of use or value of their property, requiring just compensation under both the federal and state constitutions.
The South Dakota Supreme Court held that an ordinance that made property undevelopable imposed a taking requiring compensation.
The court ruled that regulatory takings occur when land use regulations permanently deny an owner all economic use of their property.
The court affirmed that local land use decisions must afford property owners due process under the state constitution.
South Dakota's approach closely mirrors federal standards, particularly regarding the necessity of just compensation for regulatory takings. However, South Dakota courts may interpret local precedents more strictly, addressing unique statewide land use concerns.
Understanding the implications of takings as outlined in City of Monterey is crucial for answering property law questions on the South Dakota bar exam, particularly those concerning compensable government actions.