South Dakota Codified Laws
Chapter 32 - Remedies Against The State
Section 21-32-20 - Sovereign immunity not waived.

21-32-20. Sovereign immunity not waived.
Neither §§21-32-19 to 21-32-21, inclusive, nor any rules promulgated thereunder may be deemed a waiver or alteration of the doctrine of governmental or sovereign immunity.

Source: SL 1988, ch 183, §1A.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 32 - Remedies Against The State

Section 21-32-1 - Office of Commissioner of Claims created--Appointment of circuit judge to act.

Section 21-32-2 - Limitation of actions on claims against the state.

Section 21-32-3 - Filing of petition on claim for which no appointment--Certification to presiding circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner resides, out of state.

Section 21-32-4 - Service of petition on attorney general--Answer and defense by attorney general.

Section 21-32-5 - Time and place fixed for hearing claim--Notice to attorney general.

Section 21-32-6 - Evidence received at hearing on claim--Adjournment of hearing.

Section 21-32-7 - Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only.

Section 21-32-8 - State as defendant in actions involving property.

Section 21-32-9 - Service on attorney general in property action involving state--Appearance and representation of state.

Section 21-32-10 - Original action in Supreme Court on claim disallowed by state auditor--Filing of complaint.

Section 21-32-11 - Undertaking for costs filed by plaintiff in Supreme Court action.

Section 21-32-12 - Service of complaint and notice to plead on attorney general--Pleading by attorney general.

Section 21-32-13 - Trial of action in Supreme Court.

Section 21-32-14 - Execution not issued against state--Judgment certified to state auditor--Payment of damages.

Section 21-32-15 - Liability insurance--Purchase by state.

Section 21-32-16 - Waiver of immunity to extent of insurance coverage--Consent to suit.

Section 21-32-17 - Immunity of state officers, employees, and agents.

Section 21-32-18 - Service on attorney general required for waiver--Judgment void without service.

Section 21-32-19 - Payment of certain medical and property damage claims against state--Rules.

Section 21-32-20 - Sovereign immunity not waived.

Section 21-32-21 - Effectiveness of § 21-32-19.