The plaintiff in a suit pursuant to § 49-13-24 is not liable for costs at any stage of the proceedings unless the costs accrue on appeal to the Supreme Court, and if the plaintiff eventually prevails, he shall be allowed reasonable attorney fees to be taxed and collected as a part of the costs of the suit.
S.D. Codified Laws § 49-13-26
Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 39.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.