The South Dakota Supreme Court has unanimously ruled against landowners in the Hideaway Hills development near Black Hawk, upholding the dismissal of claims tied to a mining-related sinkhole beneath their properties.
In a decision released Friday, the court agreed that the state is protected by sovereign immunity and cannot be sued under the landowners’ claims. The homeowners argued they were harmed by underground mining conducted decades ago by the state-owned South Dakota Cement Plant.
Writing for the court, retired Justice Janine Kern said the state owned the property when the mining occurred and therefore did not take or damage private property. The opinion found that constitutional protections for property owners did not apply because the mining activity took place on land owned by the state at the time.
While acknowledging the homeowners’ “devastating and sympathetic circumstances,” the court concluded they had not presented viable legal claims against the state.
Comments