State of South Dakota
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NINETY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2017 |
408Y0442 | HOUSE BILL NO. 1087 |
Introduced by: Representatives Tulson, Clark, Goodwin, Jensen (Kevin), McCleerey,
Rozum, Schoenfish, Tieszen, and Turbiville and Senators Stalzer, Bolin,
Frerichs, Greenfield (Brock), and Klumb
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FOR AN ACT 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 or other public corporation to whichsuch the highway, highway right-of-way, or
bridge belonged, in such the amount as may be recovered against such the township 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 insuch the street, road, or highway, to be
removed therefrom, or in the event that the same is flooded by irrigation water, such the street,
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 or other public corporation to which
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
road, or highway shall be repaired and the. The first and second class municipality, township,
or county, as the case may be, shall be 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 may not apply to the placing of rock or stone in
the streets, roads, or highways temporarily for building purposes.