Any action to recover into the treasury of any municipality within this state funds illegally expended by any governing body or public official thereof, must, notwithstanding any other law or statute of limitation, be commenced within two years from the date of publication of the minutes recording the approval of the voucher in payment thereof or within such period of time after actual payment is made therefor, whichever of the two events occurs the later; but, this limitation for commencement of civil action shall not apply where there is fraud or deceit on the part of such governing body or official.
S.D. Codified Laws § 15-2-16
Limitation of actions for recovery of municipal funds unlawfully expended
Applied in 1 court decision — leading case Northwestern Public Service Co. v. City of Aberdeen (1976)
Most recently applied in Northwestern Public Service Co. v. City of Aberdeen (July 1976)
Source: SL 1957, ch 259; SDC Supp 1960, § 33.0238.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.