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interest costs, and (3) incidental expenses. The brochure
further specified that the replacement housing payment or
purchase supplement was an amount “in addition to the fair market
value of your property”.
On October 14, 1992, petitioner and the State executed a
Stipulation for Settlement and for Entry of Judgment in
Condemnation, in which they agreed to settle the pending
condemnation action as follows:
1. Purchase of the entire lot and house is agreed in
the amount of $65,000.00, inclusive of deposit in
court. Defendant will provide a deed for said
transfer.
2. Possession by the State will be arranged by the
parties in determining Relocation Assistance.
3. Relocation Assistance is separate and apart from
this agreed compensation and is treated as a separate
proceeding.
Pursuant to this stipulation, the court entered a Judgment in
Condemnation granting the State’s petition and providing in
relevant part:
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the
Defendants have deficiency judgment against the State
of South Dakota for the difference between $65,000.00
determined as just compensation, and $4,620.00, having
been deposited with the Court for the use of the
Defendants, being in the ammount [sic] of $60,380.00.
* * * * * * *
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
possession by the State will be arranged by the parties
in determining Relocation Assistance.
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