In any condemnation proceeding instituted by or on behalf of the State of South Dakota, the attorney general may stipulate or agree upon behalf of the State of South Dakota to exclude any property or part thereof, or any interest therein, that may have been, or may be, taken by or on behalf of the State of South Dakota by declaration of taking or otherwise. In the case of a municipality, the municipality's attorney or other duly authorized representative may take the action provided in this section.
S.D. Codified Laws § 31-19-37
Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality
Applied in 1 court decision — leading case State Ex Rel. Department of Transportation v. JB Enterprises, Inc. (2016)
Most recently applied in State Ex Rel. Department of Transportation v. JB Enterprises, Inc. (December 2016)
Source: SL 1963, ch 195, § 8; SL 1990, ch 226, § 9.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.