Justia Real Estate & Property Law Opinion Summaries

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court reversing the decision of the Deuel County Board of Adjustment granting special exception permits (SEP) to Deuel Harvest Wind Energy, LLC and Deuel Harvest Wind Energy South, LLC (Deuel Harvest) to develop two wind energy systems in the County, holding that the circuit court erred by invalidating the votes of two Board members.Following a public hearing, the Board unanimously approved the SEPs. Appellees, several residents of Deuel County and neighboring counties, petitioned for a writ of certiorari, asserting that several Board members had interests or biases disqualifying them from considering the permits. The circuit court invalidated the votes of two Board members due to disqualifying interests and overturned the Board's approval of the SEPs. The Supreme Court reversed in part and reinstated the Board's unanimous vote in approving the SEPs, holding that the circuit court erred in disqualifying the two members from voting on the SEPs. View "Holborn v. Deuel County Board of Adjustment" on Justia Law

The Supreme Court reversed the decision of the circuit court denying summary judgment on Plaintiffs' inverse condemnation claim and directed the entry of summary judgment dismissing this the Hamlin County Sheriff and Hamlin County, and, as to Plaintiffs' 42 U.S.C. 1983 claims, reversed the circuit court's denial of summary judgment on the Sheriff's qualified immunity on the excessive force claim, holding that the circuit court erred in part.Plaintiffs filed a complaint against the County, Sheriff, and other deputies after their mobile home was damaged during the arrest of their son. Plaintiffs sought compensation from the defendants for inverse condemnation and filed a separate claim for deprivation of constitutional rights under section 1983. The circuit court granted summary judgment to the County but denied the other summary judgment motions. The Supreme Court reversed in part, holding (1) damage caused by law enforcement during the arrest of an alleged fleeing felon is not a compensable taking under S.D. Const. art. VI, 13; and (2) the Sheriff was entitled to qualified immunity on Plaintiffs' section 1983 claim. View "Hamen v. Hamlin County" on Justia Law

The Supreme Court affirmed the decision of the circuit court affirming the decision of the Oglala Lakota County Commission denying Wings as Eagles Ministries, Inc.'s petition seeking an abatement of its property taxes for 2014 and 2015, holding that the circuit court did not err.Wings applied for property tax exempt status for the 2014 and 2015 tax years. The applications were denied and became final determinations of the property's exempt status for those years. Wings then filed its abatement petition, which the Commission denied. The circuit court affirmed, concluding that Wings was unable to meet the threshold eligibility element for an abatement because the final determinations denying exempt status conclusively established that Wings was not exempt for the 2014 and 2015 tax years. The Supreme Court affirmed, holding (1) the circuit court did not err when it concluded that Wings did not qualify for an abatement under S.D. Codified Laws 10-18-1(3); and (2) Wings' estoppel argument was unreviewable on appeal. View "Wings As Eagles Ministries, Inc. v. Oglala Lakota County" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court reversing and modifying the decision of the hearing examiner modifying the Roberts County Director of Equalization's tax assessments on four of James Pirmantgen's properties but affirming the County's remaining twelve assessments, holding that the circuit court erred.On appeal, the County argued that the circuit court erred in concluding that it failed properly to value Pirmantgen's properties for tax assessment purposes. The Supreme Court held (1) the circuit court properly determined that the hearing examiner's valuations as to three parcels were clearly erroneous; (2) the circuit court erred in reversing the hearing examiner's decision as to ten properties and in directing the County to reduce the assessments on these properties; and (3) because the circuit court did not have the authority to order a refund of taxes, it erred in directing the County to reimburse Pirmantgen any taxes paid in excess of what should have been paid. View "Pirmantgen v. Roberts County" on Justia Law

The Supreme Court affirmed the order of the circuit court dissolving Buffalo Chip's municipal incorporation, holding that the State had the authority to petition the court for such relief and that the circuit court did not err in holding that Buffalo Chip failed to satisfy the residency requirements in S.D. Codified Laws 9-3-1.Specifically, the Supreme Court held (1) the circuit court properly allowed the State to institute this action against Buffalo Chip under S.D. Codified Laws 21-28-2(3) and S.D. Codified Laws 9-3-20; and (2) the circuit court did not err in its interpretation of S.D. Codified Laws 9-3-1. View "State v. Buffalo Chip" on Justia Law

The Supreme Court reversed the decision of the circuit court dismissing Petitioners' appeal from the decision of the Turner County Board of Adjustment approving an application for the construction and operation of a concentrated animal feeding operation (CAFO) on the grounds that Petitioners lacked standing, holding that the circuit court erred in dismissing the appeal for an inadequate showing of standing.After the Board voted unanimously to approve the CAFO application Petitioners, who owned land near the proposed CAFO, petitioned the circuit court for a writ of certiorari. The circuit court concluded that Petitioners lacked standing because they failed to present sufficient facts demonstrating a unique and personal injury compared to Turner County taxpayers in general. The Supreme Court reversed, holding that Petitioners set forth sufficient specific facts showing a personal and pecuniary loss not suffered by taxpayers in general. View "Powers v. Turner County Board of Adjustment" on Justia Law

The Supreme Court reversed the decision of the circuit court granting summary judgment in favor of Defendants and dismissing Plaintiffs' request for a preliminary injunction alleging the existence of an easement allowing access to a gravel pit on Defendants' property, holding that the circuit court erred when it refused to recognize an easement implied by prior use.When Defendants attempted to block Plaintiffs' use of an access road to the gravel pit on Defendants' property Plaintiffs commenced the current action. The circuit court granted summary judgment for Defendants on Plaintiffs' easement implied by prior use claim. The Supreme Court reversed, holding that, under the circumstances of this case, the circuit court (1) erred in applying the substantive law and the standards required by S.D. Codified Law 15.6-56; and (2) erred when it granted Defendants' motion for summary judgment. View "Heumiller v. Hansen" on Justia Law

The Supreme Court affirmed the judgment of the circuit court holding that property owned by Sharon Orr-Hanson and her husband, Bennet Hanson, was owned as tenants in common and ordering partition of the property after Sharon's death, holding that the circuit court properly found that the property was owned as tenants in common.The personal representatives of Sharon's estate brought this action to have the property sold and the proceeds split evenly. The circuit court determined that a corrective deed terminated what was previously a joint tenancy and created a tenancy in common. On appeal, Bennet argued that the property was held as joint tenants and should go to him alone as the surviving joint tenant. The Supreme Court disagreed, holding (1) the circuit court did not err in concluding that the corrective deed severed Bennet's and Sharon's joint tenancy and created a tenancy in common; and (2) Bennet's remaining allegations of error were unavailing. View "Moeckly v. Hanson" on Justia Law

The Supreme Court affirmed the judgment of the circuit court determining that a limited private easement granted Thomas Estes the right of access across Lot 2R within the Estes Subdivision solely to repair or install water lines and that a prescriptive easement did not exist in favor of Estes for the use of a road (Easement Road) that crossed Lot 2R, holding that the circuit court did not err.Estes owned Lots 3 and 4R2 in the subdivision, and Kathrine owned Lot 2R. After hostiles developed concerning Estes' use of the Easement Road, the parties filed multiple claims against one another. After several of the claims were settled or resolved on summary judgment the circuit court resolved the remaining claims during a bench trial. Estes appealed. The Supreme Court affirmed, holding (1) the circuit court did not err when it limited the private easement granting a right of access across Lot 2R solely for the repair or installation of water lines; and (2) the circuit court did not err in determining that the evidence did not satisfy the elements for a prescriptive easement. View "Helleberg v. Estes" on Justia Law

The Supreme Court affirmed the decision of the circuit court affirming the assessed value of Appellants' agricultural land by the Meade County Commission sitting as a board of equalization (the Board), holding that the circuit court did not err.Before the Board, Appellants argued that the director of equalization incorrectly applied statutory provisions to determine their land's production value. The Board further adjusted the assessment from an average of $519 per acre down to an average of $512 per acre. Appellants appealed the Board's decision to circuit court. After a trial de novo, the circuit court affirmed the Board's tax assessment of the property. The Supreme Court affirmed, holding that the circuit court did not err when it determined that (1) the Board complied with the statutory provisions for evaluating agricultural land in their assessment of Appellants' property; and (2) the Board's tax assessment of the property did not violate provisions of the South Dakota Constitution that require uniform taxation at no more than its actual value. View "Trask v. Meade County Commission" on Justia Law