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Attorney General Files Notice of Appeal in Road Hunting Lawsuit

ATTORNEY GENERAL LONG FILES NOTICE OF APPEAL IN ROAD HUNTING LAWSUIT

PIERRE, S.D. – Attorney General Larry Long’s Office formally appealed to the State Supreme Court a Circuit Court ruling issued last month, which declared the state’s road hunting law unconstitutional. The law allows road hunters to shoot at pheasants after the birds had left the roadway and flown over adjacent private land as unconstitutional.

The Attorney General’s Office filed the Notice of Appeal on December 28, 2004. Individual landowners challenged the 2003 law arguing that it was unconstitutional because it made private property available to the public without paying for the use.

The filing of the Notice of Appeal by the state triggers an automatic stay which prohibits implementation of the lower court decision. Therefore, the lower court decision will not be in effect until the South Dakota Supreme Court issues its decision.

If you have any additional questions regarding this notice of appeal please contact Sara Rabern at (605)773-3215.

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