Karen Y. Nielsen - Page 10

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            acquisition of private property and raises the question of                                 
            whether a different result is compelled in the matter at hand.                             
            This question, in turn, presents two subinquiries upon which its                           
            resolution depends.  The first, a legal question, asks what is                             
            meant by the term “payment” as used in and exempted from taxation                          
            by the statute.  The second, a factual question, asks whether the                          
            $65,000 received by petitioner is indeed such a payment.                                   
                  A.  Meaning of Payment for Purposes of the Relocation Act                            
                  To ascertain the meaning of “payment” as used in the                                 
            Relocation Act, we consider the historical context in which the                            
            statute was drafted, the language and structure of the statute                             
            itself, and the interpretations thereof offered by case law.                               
            From these sources, we conclude that “payment” for purposes of                             
            the exemption treatment afforded by the Relocation Act refers                              
            only to amounts received as relocation assistance in excess of                             
            the just compensation paid for the property.                                               
                  At the time the Relocation Act was promulgated, payment of                           
            just compensation upon the taking of private property for public                           
            use had long been mandated by the Federal Constitution and by the                          
            constitutions of individual States, including that of South                                
            Dakota.  See U.S. Const. amend. V; S.D. Const. art. VI, sec. 13.                           
            Just compensation had also been further defined, at both the                               
            Federal and State levels, as fair market value, what a willing                             








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