S.D. judge ruling = delay for DM&E
Here's an interesting tidbit from South Dakota:
Former South Dakota Supreme Court Chief Justice Robert Miller is questioning the legality of a 2008 state law aimed at speeding up the eminent domain process.
At a hearing this week, Miller agreed with landowners who want more time to prepare for a hearing on the Dakota, Minnesota and Eastern Railroad's application to condemn land for its proposed $6 billion coal train and rail renovation project.
Miller is the hearing officer in the DM&E application. His ruling delays a Sept. 22 state Transportation Commission hearing on the matter.
The railroad applied to use eminent domain for its project. The 2008 Legislature passed a law saying the process must be completed within 90 days from application.
Miller says he doesn't intend to "fully or blindly comply with or enforce the 90-day limitation" because he considers it unconstitutional.
DM&E President Kevin Schieffer says the decision is disappointing and is another delay.