# Judge Strikes Down Road Hunting Law



## jamartinmg2 (Oct 7, 2004)

Judge Strikes Down Road Hunting Law

A circuit judge has struck down a one-year-old South Dakota law that had allowed road hunters to shoot at pheasants after they had left the roadway and flown over the adjacent private land.

Circuit Judge Kathleen Trandahl of Winner has ruled that the law violates the state and federal constitutions by taking private land without just compensation.

The South Dakota Legislature in 2003 passed a new law that said hunters could shoot at game birds flushed from roads or ditches even after the birds had flown over private property.

Two ranch couples from Tripp and Jerauld counties challenged the new law, arguing that it was unconstitutional.

The state contends that the new law does not take private property for public use. But Trandahl says prior court rulings have held that firing over land is a taking of private property that requires compensation.

© 2004 Associated Press.


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## njsimonson (Sep 24, 2002)

Read: Trespass


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## jamartinmg2 (Oct 7, 2004)

I can't say I find anything wrong with the judge's ruling. Sounds pretty straight forward to me, unless I'm missing something. That would be a pretty tough one to prove regardless. What are you supposed to do to prove the hunter actually shot over posted land? Go out and try to find the lead or steel pellets? The hunter could just say that he was shooting inside the road right of way, which is, I believe, legal in SD? So this is probably a moot ruling for the most part anyway.


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