South Dakota § 26-6-43 Claim or defense based on §§

South Dakota Statutes

§ 26-6-43 — Claim or defense based on §§

South Dakota § 26-6-43

Title 26MINORS

Ch. 26-5BCHILDREN'S HOMES AND WELFARE AGENCIES

This text of South Dakota § 26-6-43 (Claim or defense based on §§) 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 § 26-6-43 (2026).

Text

A person may assert a violation of §§ 26-6-36 to 26-6-50 , inclusive, as a claim against the state in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state, a private person, or any other party. Notwithstanding any other provisions of law, an action under the provisions of §§ 26-6-36 to 26-6-50 , inclusive, may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted any available administrative remedies.

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A person may assert a violation of §§ 26-6-36 to 26-6-50 , inclusive, as a claim against the state in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state, a private person, or any other party. Notwithstanding any other provisions of law, an action under the provisions of §§ 26-6-36 to 26-6-50 , inclusive, may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted any available administrative remedies.