The State of South Dakota shall pay to any successful litigant, the amount of damages awarded and the amount of costs assessed against the State of South Dakota, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes.
S.D. Codified Laws § 31-2-38
Award of damages and costs--Payment by state
Applied in 4 court decisions — leading case G. H. Lindekugel & Sons, Inc. v. S. D. State Highway Commission (1972)
Most recently applied in Candee Construction Co. v. South Dakota Department of Transportation (October 1989)
Source: SL 1964, ch 110, § 5
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.