In any case of forcible entry and detainer, or detainer only, the court may tax as a part of the costs in the case, to the prevailing party, reasonable attorney fees, whether a trial is had or not, if prevailing party is represented by a licensed attorney.
S.D. Codified Laws § 21-16-11
Attorney fees taxed as costs
Applied in 2 court decisions — leading case Arrowhead Ridge I, LLC v. Cold Stone Creamery, Inc. (2011)
Most recently applied in Vor, Inc. v. Estate of O'farrell (February 2025)
Source: SL 1883, ch 51, § 1; CL 1887, § 6079; RJustC 1903, § 50; RC 1919, § 2177; SDC 1939 & Supp 1960, § 37.3909; SL 2000, ch 95, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.