reglab/housing_qa huggingface dataset:
SD Codified L § 21-32-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-7 - Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only.

21-32-7. Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only.After the conclusion of such hearing, the commissioner shall prepare his findings, fully itemized, in respect to the amount of the claim or damages. Such findings shall be filed in the office of the clerk of courts of the county in which the petition was filed and a duplicate thereof filed in the Office of the Governor, who shall submit the same to the next session of the Legislature for consideration, compromise, settlement, or rejection by appropriate action. The findings of the commissioner shall be advisory only, and shall not be construed or considered as an acknowledgment of liability in any manner or extent on the part of the state. Source: SL 1947, ch 156, §6; SDC Supp 1960, §33.4306.
SD Codified L § 21-32-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-8 - State as defendant in actions involving property.

21-32-8. State as defendant in actions involving property.In any and all actions to determine adverse claims to real or personal property, or involving the possession of real or personal property, or to foreclose mortgages or other liens upon real or personal property, or to partition the same, the State of South Dakota may be sued and made defendant in the courts of this state. Source: SL 1919, ch 156, §1; SL 1923, ch 141; SDC 1939 & Supp 1960, §33.0403.
SD Codified L § 21-32-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-9 - Service on attorney general in property action involving state--Appearance and representation of state.

21-32-9. Service on attorney general in property action involving state--Appearance and representation of state.When the State of South Dakota is made defendant pursuant to §21-32-8, service shall be made upon it by the service of a copy of the summons and complaint upon the attorney general, who shall represent the state in the action and protect its rights and interest, if any it has in said real or personal property and he may require the state's attorney of the county where said property is situated to assist him in such litigation. Source: SL 1919, ch 156, §2; SL 1923, ch 141; SDC 1939 & Supp 1960, §33.0403.
SD Codified L § 21-32-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-10 - Original action in Supreme Court on claim disallowed by state auditor--Filing of complaint.

21-32-10. Original action in Supreme Court on claim disallowed by state auditor--Filing of complaint.It shall be competent for any person deeming himself aggrieved by the refusal of the state auditor to allow any just claim against the state, to commence an action against the state by filing with the clerk of the Supreme Court in accordance with chapter 15-25 a complaint setting forth fully and particularly the nature of the claim. Source: SL 1890, ch 1, §1; RCCivP 1903, §25; RC 1919, §2109; SDC 1939 & Supp 1960, §33.0604.
SD Codified L § 21-32-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-11 - Undertaking for costs filed by plaintiff in Supreme Court action.

21-32-11. Undertaking for costs filed by plaintiff in Supreme Court action.At the time a complaint is filed pursuant to §21-32-10, the plaintiff shall file an undertaking in the penal sum of five hundred dollars, with two or more sureties, to be approved by the state treasurer, to the effect that he will indemnify the state against all costs that may accrue in such action, and pay to the clerk of the Supreme Court all costs in case he shall fail to prosecute his action, or to obtain a judgment against the state; and thereupon the action shall be placed upon the calendar of said court. Source: SL 1890, ch 1, §1; RCCivP 1903, §25; RC 1919, §2109; SDC 1939 & Supp 1960, §33.0604.
SD Codified L § 21-32-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-12 - Service of complaint and notice to plead on attorney general--Pleading by attorney general.

21-32-12. Service of complaint and notice to plead on attorney general--Pleading by attorney general.The plaintiff, within ten days after having filed the complaint and undertaking, pursuant to §§21-32-10 and 21-32-11, shall serve a copy of the complaint upon the attorney general and the state auditor, together with a notice to plead or answer thereto within thirty days after the service of such complaint and notice, exclusive of the day of service; and the attorney general shall thereupon be required to answer or plead within the time specified in such notice. Source: SL 1890, ch 1, §2; RCCivP 1903, §26; SL 1913, ch 166; RC 1919, §2110; SDC 1939 & Supp 1960, §33.0604.
SD Codified L § 21-32-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-13 - Trial of action in Supreme Court.

21-32-13. Trial of action in Supreme Court.The trial of such action shall be conducted in accordance with chapter 15-25 and any special rule or order made for trial of the particular case by the Supreme Court. Source: SL 1890, ch 1, §3; RCCivP 1903, §27; RC 1919, §2111; SDC 1939 & Supp 1960, §33.0604.
SD Codified L § 21-32-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-14 - Execution not issued against state--Judgment certified to state auditor--Payment of damages.

21-32-14. Execution not issued against state--Judgment certified to state auditor--Payment of damages.No execution shall issue against the state on any judgment, but whenever final judgment against the state shall have been obtained in any action under §§21-32-10 to 21-32-13, inclusive, the clerk of the Supreme Court shall make and furnish to the state auditor a duly certified transcript of such judgment, and the auditor shall thereupon audit the amount of damages and costs therein awarded, and the same shall be paid out of the state treasury. Source: SL 1890, ch 1, §4; RCCivP 1903, §28; RC 1919, §2112; SDC 1939 & Supp 1960, §33.0604.
SD Codified L § 21-32-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-15 - Liability insurance--Purchase by state.

21-32-15. Liability insurance--Purchase by state.The State of South Dakota, through the commissioner of administration, may obtain and pay for public liability insurance to the extent and for the purposes considered expedient by the commissioner for the purpose of insuring the liability of the state, its officers, agents, or employees. Source: SL 1981, ch 169, §1; SL 1984, ch 162.
SD Codified L § 21-32-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-16 - Waiver of immunity to extent of insurance coverage--Consent to suit.

21-32-16. Waiver of immunity to extent of insurance coverage--Consent to suit.To the extent such liability insurance is purchased pursuant to §21-32-15 and to the extent coverage is afforded thereunder, the state shall be deemed to have waived the common law doctrine of sovereign immunity and consented to suit in the same manner that any other party may be sued. Source: SL 1981, ch 169, §2.
SD Codified L § 21-32-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-17 - Immunity of state officers, employees, and agents.

21-32-17. Immunity of state officers, employees, and agents.Except as provided in §21-32-16, any employee, officer, or agent of the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity. Source: SL 1983, ch 16, §1.
SD Codified L § 21-32-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-18 - Service on attorney general required for waiver--Judgment void without service.

21-32-18. Service on attorney general required for waiver--Judgment void without service.In order for waiver of sovereign immunity in §21-32-16 to be effective in an action against a state official, employee, or agent; notice of the action shall be given to the attorney general as provided in §15-6-4(d). The attorney general shall within thirty days after the receipt of service, sign and date the admission of service and mail it to the sender. Any judgment rendered in an action involving waiver of sovereign immunity pursuant to §21-32-16 is void unless service has been made as provided herein. Source: SL 1984, ch 144, §2.
SD Codified L § 21-32-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-19 - Payment of certain medical and property damage claims against state--Rules.

21-32-19. Payment of certain medical and property damage claims against state--Rules.The commissioner of administration may adopt rules pursuant to chapter 1-26 establishing a policy for the payment of, and may pay for, property damage and medical claims made against the state up to an amount of two thousand dollars. Any rules adopted by the commissioner pursuant to §§21-32-19 to 21-32-21, inclusive, shall provide for approval of claims by the attorney general prior to payment, require a release of all claims against the state or any employee or agent thereof arising from the incident, require a written statement of any state employee involved in an incident regarding the facts involved, allow payment only when the settled law of this state would impose liability upon the state or its employee in the absence of governmental or sovereign immunity and provide that any payment be reduced by any amount owed to the state or any of its agencies by the claimant. Source: SL 1988, ch 183, §1.
SD Codified L § 21-32-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-20 - Sovereign immunity not waived.

21-32-20. Sovereign immunity not waived.Neither §§21-32-19 to 21-32-21, inclusive, nor any rules promulgated thereunder may be deemed a waiver or alteration of the doctrine of governmental or sovereign immunity. Source: SL 1988, ch 183, §1A.
SD Codified L § 21-32-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-21 - Effectiveness of § 21-32-19.

21-32-21. Effectiveness of §21-32-19.The provisions of §21-32-19 and any rules adopted thereunder are not effective while the state participates in the liability coverage program for public entities pursuant to chapter 3-22 or to the extent coverage is afforded under any contract of insurance the state may purchase. Source: SL 1988, ch 183, §2.
SD Codified L § 21-32A-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32A - Remedies Against Public Entities|Section 21-32A-1 - Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage.

21-32A-1. Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage.To the extent that any public entity, other than the state, participates in a risk sharing pool or purchases liability insurance and to the extent that coverage is afforded thereunder, the public entity shall be deemed to have waived the common law doctrine of sovereign immunity and shall be deemed to have consented to suit in the same manner that any other party may be sued. The waiver contained in this section and §§21-32A-2 and 21-32A-3 is subject to the provisions of §3-22-17. Source: SL 1986, ch 175, §1; SL 1987, ch 163, §1.
SD Codified L § 21-32A-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32A - Remedies Against Public Entities|Section 21-32A-2 - Immunity of employees, officers, or agents--Affirmative defense.

21-32A-2. Immunity of employees, officers, or agents--Affirmative defense.Except insofar as a public entity, including the state, participates in a risk sharing pool or insurance is purchased pursuant to §21-32A-1, any employee, officer, or agent of the public entity, including the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity. The immunity recognized herein may be raised by way of affirmative defense. Source: SL 1986, ch 175, §2; SL 1987, ch 163, §2; SL 1991, ch 184.
SD Codified L § 21-32A-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32A - Remedies Against Public Entities|Section 21-32A-3 - Immunity of public entities--Affirmative defense.

21-32A-3. Immunity of public entities--Affirmative defense.Except insofar as a public entity participates in a risk sharing pool or insurance is purchased pursuant to §21-32A-1, any public entity is immune from liability for damages whether the function in which it is involved is governmental or proprietary. The immunity recognized herein may be raised by way of affirmative defense. Source: SL 1986, ch 175, §3; SL 1987, ch 163, §3.
SD Codified L § 21-34-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-1 - Administrative actions enforceable under chapter--Statutory violation defined as contempt.

21-34-1. Administrative actions enforceable under chapter--Statutory violation defined as contempt.Whenever it is provided in any statute in substance to the effect, that the failure to obey the process, subpoena, order, rule, regulation, judgment, or other legal command of any public officer, department, commission, board, or tribunal, or that violation of any statute may be punished as a contempt of court, or that obedience to anything may be commanded or violation of anything punished as a contempt of court and no other method is specifically provided for invoking the contempt process of the court, the same may be done as provided by this chapter. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-2 - Certificate of facts showing violation prepared by officer--Contents.

21-34-2. Certificate of facts showing violation prepared by officer--Contents.The officer who issued, or the party to a proceeding seeking enforcement of, the process, subpoena, order, rule, regulation, judgment, or other legal command referred to in §21-34-1 or who is vested with the duty of enforcing the obedience or stopping the violation of the statute, or in case of a department, commission, or board, either the presiding officer thereof or a majority of the members, shall prepare a notarized certificate of the facts showing the obedience which it desires to enforce or the violation which it desires to stop so that the jurisdiction of the court will appear; showing also the date of the occurrence or condition involved, the name, address, and location so far as known of the person against whom it desires to invoke the contempt process; and showing all relevant facts necessary to establish the right and charge and to specify the relief which it desires to obtain by such contempt process. Source: SDC 1939, §65.0107; SL 1985, ch 171, §1.
SD Codified L § 21-34-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-3 - Judge to whom certificate of facts directed.

21-34-3. Judge to whom certificate of facts directed.The certificate described in §21-34-2 shall be directed or addressed to the circuit court having jurisdiction over the county in which the events occurred or the condition exists wherein it is desired to enforce obedience or stop violations, or over the county of the residence of the person against whom the contempt process is sought, as the agency, or party seeking to invoke such process may elect. Source: SDC 1939, §65.0107; SL 1985, ch 171, §2.
SD Codified L § 21-34-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-4 - Presentation of certificate to judge--Service of process and copy of certificate on offender.

21-34-4. Presentation of certificate to judge--Service of process and copy of certificate on offender.The original, and a copy of the certificate for each person against whom contempt process is sought, shall be filed in the office of the clerk of courts of the county in which jurisdiction is laid and shall be served, together with a summons, citation, or order to show cause or similar process requiring the person or persons to appear and answer or show cause at a time and place specified therein, as the court may decide in the same manner as a complaint in a civil proceeding. Source: SDC 1939, §65.0107; SL 1985, ch 171, §3.
SD Codified L § 21-34-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-5 - Procedural matters prescribed by court.

21-34-5. Procedural matters prescribed by court.In any and all cases under this chapter the court shall have jurisdiction to make such orders fixing the procedure, time, and place of hearing, notice to parties, appearances, requirements of pleading, taking evidence by deposition or otherwise, and other administrative details as to it may appear warranted for the purpose of a full hearing and presentation of the facts and laws involved, in person or by counsel, so that the matter may be fairly and correctly determined. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-6 - Power of court to compel obedience and punish violations--Maximum penalties.

21-34-6. Power of court to compel obedience and punish violations--Maximum penalties.In any and all cases under this chapter, the court shall have jurisdiction by order, judgment, or decree to compel the obedience or stop or punish the violation which is certified and to fix such time within which obedience may be made or violation stopped and to order, adjudge, or decree and enforce a penalty not exceeding a fine of five thousand dollars or confinement in any county jail or state prison not exceeding one year, or both such fine and imprisonment. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-7 - Officers empowered to serve process and carry out orders of court.

21-34-7. Officers empowered to serve process and carry out orders of court.All wardens, sheriffs, marshals, policemen, and peace officers of the state shall have jurisdiction to serve the papers, process, and otherwise carry out the orders and process of any court, lawfully made pursuant to the provisions of this chapter. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-8 - Source of payment for expenses of officials.

21-34-8. Source of payment for expenses of officials.The expenses of officials in making service or performing other legal duties under this chapter for which expense no fee is allowed by law, shall be paid by the county or from the public funds under control of the public officer, department, commission, or board which may be available for the purpose, as the court may order. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-9 - Costs awarded.

21-34-9. Costs awarded.Costs including attorneys fees may be ordered in the discretion of the court for or against any party involved and paid as other expenses of the proceeding. Source: SDC 1939, §65.0107; SL 1985, ch 171, §4.
SD Codified L § 21-34-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-10 - Remissions, suspension, and purging of contempt.

21-34-10. Remissions, suspension, and purging of contempt.An order, judgment, or decree under this chapter may provide for such remissions or suspension of fine and confinement upon performance or purging of the contempt as the court may decide to incorporate therein. Or, the court may make any such remission or suspension thereafter by supplemental order, judgment, or decree as to it may seem warranted. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-11 - Reinvoking contempt process on continuing violation.

21-34-11. Reinvoking contempt process on continuing violation.Nothing contained in this chapter shall prevent reinvoking such contempt process if disobedience or violation continues after payment of the fine or service of the confinement sentence has been completed. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-12 - Judicial power to enforce own order unaffected.

21-34-12. Judicial power to enforce own order unaffected.Nothing contained in this chapter shall affect or regulate the power of any court to punish contempts of such court for violation of any of its own rules, regulations, orders, judgments, decrees, commands, or judicial functions in cases where such jurisdiction inheres in the court as part of its judicial powers or jurisdiction, or is otherwise given to it as original contempt jurisdiction by statute, but the procedure in such cases shall be according to such inherent jurisdiction or statutory jurisdiction of such court as otherwise provided. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-13 - Appeal to Supreme Court.

21-34-13. Appeal to Supreme Court.From any order, judgment, decree, or other command of the court made pursuant to the jurisdiction or in excess of the jurisdiction given to it by this chapter, an appeal may be taken to the Supreme Court of this state within the time and in the manner provided by law for taking appeals from other orders, judgments, decrees, or commands of a circuit court. Source: SDC 1939, §65.0107.
SD Codified L § 21-34-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 34 - Administrative Process Enforced Under Contempt Powers|Section 21-34-14 - Stay of execution pending appeal to Supreme Court.

21-34-14. Stay of execution pending appeal to Supreme Court.Stay of execution in cases appealed pursuant to §21-34-13 shall be in the discretion of the circuit court, but subject to right of application by any party interested to the Supreme Court on the matter of such stay of execution for such modification of any order granting or refusing the same as to the Supreme Court may seem warranted. Source: SDC 1939, §65.0107.