No execution may issue against the state on any final judgment obtained under the provisions of this chapter. However, if final judgment against the state has been obtained in any such action as provided by this chapter, the clerk of the court, wherein the final judgment was obtained, shall forthwith send a certified copy of the judgment by registered or certified mail to the secretary of transportation, and to the state auditor. The auditor shall audit the amount of damages and costs therein finally awarded. The state treasurer shall pay the damages and costs out of the state highway fund.
S.D. Codified Laws § 31-2-39
Final judgment against state--Payment from state highway fund
Applied in 2 court decisions — leading case G. H. Lindekugel & Sons, Inc. v. S. D. State Highway Commission (1972)
Most recently applied in Sweetman Const. Co., Inc. v. State (June 1980)
Source: SL 1964, ch 110, § 6; SL 2010, ch 145, § 14.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.