An Act to clarify references to the court in a condemnation proceeding.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 21-35-23 be AMENDED:
21-35-23.
If the amount of
compensation awarded to the defendant by final judgment in
proceedings pursuant to this chapter is twenty percent greater than
the plaintiff's
final
offer,
which
shall
must be filed
with the court having jurisdiction over the action at the time
trial
the action is
commenced, and if that total award exceeds seven hundred dollars, the
court
shall
must, in
addition to
such
taxable costs
as are
allowed by law,
allow
order the plaintiff to reimburse the defendant for
reasonable attorney fees and compensation for
not
no more than
two expert witnesses,
all as determined by the court.