- 10 - 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 willingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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