South Dakota § 21-35-11 Offer to deposit compensation with clerk--Evidence of offer not admissible--Costs avoided.

South Dakota Statutes

§ 21-35-11 — Offer to deposit compensation with clerk--Evidence of offer not admissible--Costs avoided.

South Dakota § 21-35-11

Title 21JUDICIAL REMEDIES

Ch. 21-34CONDEMNATION UNDER POWER OF EMINENT DOMAIN

This text of South Dakota § 21-35-11 (Offer to deposit compensation with clerk--Evidence of offer not admissible--Costs avoided.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-35-11 (2026).

Text

When the remedy is exercised under the provisions of this chapter, the plaintiff may at the time of service of the summons on any defendant serve upon him an offer in writing to the effect that the plaintiff will deposit with the clerk of the court in which the action is pending a sum of money specified, with costs, to be paid to defendant or other parties entitled thereto as compensation for all of the property taken or damaged. If the defendant fails to accept the offer by filing notice of acceptance with the clerk of the court within ten days after service of the offer upon him, it is deemed to be withdrawn, and cannot be given in evidence; and if the defendant fails to obtain a judgment for a greater sum of money than offered by the plaintiff, he cannot recover costs, and each party sh

Free access — add to your briefcase to read the full text and ask questions with AI

When the remedy is exercised under the provisions of this chapter, the plaintiff may at the time of service of the summons on any defendant serve upon him an offer in writing to the effect that the plaintiff will deposit with the clerk of the court in which the action is pending a sum of money specified, with costs, to be paid to defendant or other parties entitled thereto as compensation for all of the property taken or damaged. If the defendant fails to accept the offer by filing notice of acceptance with the clerk of the court within ten days after service of the offer upon him, it is deemed to be withdrawn, and cannot be given in evidence; and if the defendant fails to obtain a judgment for a greater sum of money than offered by the plaintiff, he cannot recover costs, and each party shall pay his own costs.