Lewis & Clark Rural Water System, Inc. v. Seeba

Summary

The Supreme Court of South Dakota addressed whether statutory setback restrictions for routes acquired under South Dakota's waterworks eminent-domain provisions applied to a proposed underground water pipeline. The court interpreted the restrictions concerning pipeline setbacks from dwellings and buildings, crossings of noncommercial orchards and gardens, landowner standing, later-constructed structures, and judicial modification of statutory conditions. The court affirmed in part, reversed in part, and remanded.

Holdings

1. The 250-foot setback and related restrictions in SDCL 46-8-1.2 apply to all routes acquired under SDCL chapter 46-8, including routes for water pipelines.
2. The 250-foot setback is measured from the outside dimension of the pipeline, not from the exterior boundary of the permanent easement.
3. Other buildings on the premises may include occupied or unoccupied structures having a geographical nexus and legitimate use connected with the dwelling house; the grain bins and machine shed on the Buse farmstead qualified.
4. The proposed route may not physically cross an existing noncommercial orchard or garden, including by crossing below, on, or through it.
5. A landowner whose property is crossed by the pipeline but who has no dwelling, building, orchard, or garden within the statutory proximity lacks standing to assert the restrictions based on protected structures or property on an adjacent parcel.
6. A landowner whose dwelling or other building is within 250 feet of a pipeline located on a neighbor's property has no right under SDCL 46-8-1.2 to object to the route; the statutory right ends at the landowner's property line.
7. A landowner with actual knowledge that property is within the scope of a noticed taking may not intentionally construct a dwelling, building, orchard, or garden to block or alter the announced pipeline route and then invoke the collateral setback restrictions.
8. A circuit court may not judicially modify the specific setback restrictions in SDCL 46-8-1.2 through the general least-injury provision of SDCL 46-8-1.1.

Questions Presented

1. Whether SDCL 46-8-1.2 applies to routes acquired for underground water pipelines under SDCL chapter 46-8.
2. Whether the width of the statutory route is measured from the outside dimension of the pipeline or from the exterior boundary of the permanent easement.
3. Whether grain bins and a machine shed constitute other buildings on the premises under SDCL 46-8-1.2.
4. Whether the statute prohibits a pipeline from physically crossing an existing noncommercial orchard or garden.
5. Whether a landowner has standing when the pipeline crosses the landowner's property but no protected dwelling, building, orchard, or garden is within the statutory proximity.
6. Whether a landowner may object when the pipeline is within 250 feet of the landowner's dwelling but located on a neighbor's property.
7. Whether a landowner with actual knowledge of the intended route may later construct a dwelling, building, orchard, or garden to invoke the statutory restrictions.
8. Whether SDCL 46-8-1.1 authorizes a circuit court to modify the specific setback restrictions in SDCL 46-8-1.2.

Disposition

reversed_and_remanded