State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

336T0517   HOUSE BILL   NO.  1168  

Introduced by:    Representatives Russell, Hubbel, Kopp, Olson (Betty), and Verchio and Senators Rampelberg and Maher
 

        FOR AN ACT ENTITLED, An Act to provide for the waiver of the state's sovereign immunity in certain instances relating to the control of species of management concern.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 34A-8A-6 be amended to read as follows:
    34A-8A-6. In addition to any other remedies at law, the remedies set forth in chapter 21-10 apply to the nuisances described in § 34A-8A-5. These remedies include civil action, including injunctive relief and recovery of damages, and abatement. Abatement, if ordered by the court, shall include reimbursement for any reasonable and necessary costs incurred in abating the nuisance. With respect to damages resulting from the failure by the state to control any species of management concern, including prairie dogs, as required or authorized by law, the state hereby waives the common law doctrine of sovereign immunity and consents to be sued in a civil action, including injunctive relief and recovery of damages, and reimbursement for all reasonable and necessary costs and attorney fees incurred by the landowner.


180 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.063 per page.
 
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Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.