State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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606T0482
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HOUSE BILL NO. 1096
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Introduced by: Representatives Hunt, Abdallah, Deelstra, Feinstein, Kirkeby, Novstrup
(David), Perry, and Solum and Senators Cutler, Buhl, Frerichs, and Peters
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FOR AN ACT ENTITLED, An Act to specify the venue for certain appeals involving home-rule
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26-31.1 be amended to read as follows:
1-26-31.1. The venue of the appeal is as follows:
(1) If the appellant is a resident of this state, to the circuit court for the county of the
appellant's residence or to the circuit court for Hughes County, as the appellant may
elect;
(2) If the appellant is a nonresident or a foreign corporation, to the circuit court for the
county of appellant's principal place of business in South Dakota or to the circuit
court for Hughes County as the appellant may elect; or
(3) The parties may stipulate for venue in any county in the state, and the circuit court
for such county shall thereupon hear the appeal;
(4) An appeal from a final decision, ruling, or action rendered by an administrative
appeals process adopted by a home-rule municipality shall be appealed to the circuit
court in which the home-rule municipality is located.
Appeals from a single administrative action may not proceed in more than one county. If
multiple appeals of a single action are filed in more than one county, the appeals shall be
consolidated and heard in the county in which the appeal is first filed. If more than one appeal
is first filed on the same date and a stipulation among the parties as to venue cannot be reached,
the venue of the appeal is in the circuit court for Hughes County.