FOR AN ACT ENTITLED, An Act to  provide for the recovery of certain expenses in an action brought by any person whose land, property, or material is being purchased by the Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 31-19 be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Transportation shall reimburse a person for reasonable attorneys' fees relative to the condemnation of land, property, or material, if the Department of Transportation initial offer of compensation for such land, property, or material is less than half of the final compensation paid by the Department of Transportation.
     Section  2.  That chapter 31-19 be amended by adding thereto a NEW SECTION to read as follows:

     The circuit court may award disbursements, including reasonable attorneys' fees, in an action brought to circuit court pursuant to this chapter by any person relative to the condemnation of land, property, or material, if the Department of Transportation initial offer of compensation for

such land, property, or material is less than half of the final compensation paid by the Department of Transportation.
     Section  3.  That chapter 31-19 be amended by adding thereto a NEW SECTION to read as follows:

     On motion, the Supreme Court may award reasonable attorneys' fees in an action brought to the Supreme Court pursuant to this chapter by any person relative to the condemnation of land, property, or material, if the Department of Transportation initial offer of compensation for such land, property, or material is less than half of the final compensation paid by the Department of Transportation. The motion shall be accompanied by counsel's verified itemized statement of costs incurred and legal services rendered.