PIERRE — The South Dakota Transportation Commission has approved the findings of fact and conclusions of law in an eminent domain request being sought by the Rapid City, Pierre and Eastern Railroad against a Stanley County landowner. Former circuit Judge David Gienapp acted as hearing examiner for a hearing on the matter June 23rd. Attorney Patrick Burns who is representing landowner Dena Kinsella submitted new documents before the Commission met…
The railroad offered Kinsella 15-thousand dollars in April to access the land. Analysis found the market value of the land in question was around 12-thousand dollars. Steve Williams, a lawyer for the R-C-P and E says the offer was in good faith…
Williams says an access road is the only way the railroad can access the area in question…
The Commission voted six to one to approve the findings of fact and conclusions of law in the matter. The Rapid City, Pierre and Eastern will now have to seek to have the land they want condemned. The appraisers for both sides will determine the fair market value of that land.
