If any eminent domain proceedings are commenced to take or damage any private property for public use within this state and are thereafter dismissed with or without prejudice, the plaintiff seeking to be condemnor is liable for and shall pay to the defendant all court costs, expenses and fees, including reasonable attorney fees, as are determined by the court having jurisdiction over the proceedings.
S.D. Codified Laws § 21-35-22
Defendant's expenses paid by plaintiff on dismissal
Applied in 2 court decisions — leading case City of Sioux Falls v. Johnson (2001)
Most recently applied in City of Sioux Falls v. Johnson (August 2001)
Source: SL 1983, ch 170, § 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.