2017 Session Laws

CHAPTER 126

(HB 1087)

Recovery of attorney's fees in civil actions
relating to highway obstructions.


        ENTITLED, An Act to authorize the recovery of attorney's fees in civil actions relating to highway obstructions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 31-32-8 be amended to read:

    31-32-8. Any person violating the provisions of § 31-32-3.1, 31-32-6, or 31-32-7, in addition to the judgments authorized by those sections, shall also be liable in a civil action to the township, county, municipality, or other public corporation to which such the highway, highway right-of-way, or bridge belonged, in such the amount as may be recovered against such the township, county, municipality, or other public corporation, including a reasonable amount for attorney's fees, on account of the injury or obstruction referred to in such sections § 31-32-3.1, 31-32-6, or 31-32-7.

    Section 2. That § 31-32-9 be amended to read:

    31-32-9. The governing body or board having charge of any street, road, or highway shall cause rock, stone, glass, or other obstruction placed in such the street, road, or highway, to be removed therefrom, or in the event that the same is flooded by irrigation water, such the street, road, or highway shall be repaired and the first and second class. The municipality, township, or county, as the case may be, shall be or other public corporation is entitled to recover of any from any person placing such the obstruction in such the street, road, or highway, or allowing the water to flow upon the same, the amount necessarily expended in the removal or repair thereof, including a reasonable amount for attorney's fees, and such the action may be commenced in any court in the county having jurisdiction thereof. This section shall does not apply to the placing of rock or stone in the streets, roads, or highways temporarily for building purposes.

     Signed March 6, 2017
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