Clarify references to the court in a condemnation proceeding.
Summary
House Bill 1203 aims to clarify the references to the court within the context of condemnation proceedings in South Dakota. The bill proposes an amendment to ยง 21-35-23, specifying that if the compensation awarded to a defendant by the court is greater than twenty percent compared to the plaintiff's final offer, and notably exceeds seven hundred dollars, the plaintiff is responsible for reimbursing not just the basic costs but also reasonable attorney fees and compensation for up to two expert witnesses, as determined by the court. This amendment seeks to establish a clearer framework for how court decisions in condemnation cases should be handled.
The intention behind this bill is to ensure that defendants in condemnation cases are adequately compensated when they receive a favorable judgment that is significantly above the plaintiff's offer. The change holds the plaintiff accountable for the additional costs incurred by the defendant when the court finds that the compensation awarded is substantially more than what was initially proposed. This aspect of the bill is expected to have implications for the dynamics of legal negotiations between parties in a condemnation scenario.
The discussions surrounding HB1203 indicate that there may be contention regarding the potential for increased litigation costs as the bill would ensure defendants are compensated for their legal expenses in specific cases. Supporters believe this would serve to protect the rights of property owners, while opponents may raise concerns about the strain this could place on plaintiffs, particularly government entities or developers who often initiate condemnation proceedings.
Additionally, by making it necessary for plaintiffs to pay these additional fees, the bill could deter frivolous or low-ball offers made during the negotiation phase, encouraging fairer settlements that reflect the true value of the property in question. The bill was last noted to be deferred for further consideration, suggesting that discussions and potential modifications to the proposal are ongoing.
Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, updating references to certain officeholders and persons.