Section 46A-9-46 - Eminent domain--Exercise of power by district--Appraisement of private propertyor interest.
46A-9-46. Eminent domain--Exercise of power by district--Appraisement of private property or interest. In addition to any other rights and powers hereinabove conferred upon any water user district organized under the provisions of this chapter, such district shall have and exercise the power of eminent domain for the purposes and after the manner provided for in chapter 21-35, after declaring by resolution the necessity for and purpose of the taking of property and the extent of such taking. If any such district shall condemn private property or interests therein, the appraisement shall include such amount of damage as will accrue to the owner of the condemned property through severance thereof from other property of said owner, previously operated with that so condemned, as a unit.
Source: SL 1939, ch 291, § 8; SDC Supp 1960, § 61.1308; SDCL, § 46-16-44.