South Dakota Codified Laws
Chapter 32 - Remedies Against The State
Section 21-32-7 - Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only.

21-32-7. Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only.
After the conclusion of such hearing, the commissioner shall prepare his findings, fully itemized, in respect to the amount of the claim or damages. Such findings shall be filed in the office of the clerk of courts of the county in which the petition was filed and a duplicate thereof filed in the Office of the Governor, who shall submit the same to the next session of the Legislature for consideration, compromise, settlement, or rejection by appropriate action. The findings of the commissioner shall be advisory only, and shall not be construed or considered as an acknowledgment of liability in any manner or extent on the part of the state.

Source: SL 1947, ch 156, §6; SDC Supp 1960, §33.4306.

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.