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S.D. Codified Laws § 1-44-38

Assumption of federal environmental responsibilities--Sovereign immunity waived

Source: SL 2026, ch 14, § 2.

Effective July 1, 2026

1-44-38. Assumption of federal environmental responsibilities--Sovereign immunity waived.

In cases that involve compliance, discharge, or enforcement of responsibilities assumed by the Department of Transportation under § 1-44-37, this state waives sovereign immunity from suit in federal court provided under the Eleventh Amendment to the Constitution of the United States.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.