South Dakota Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in South Dakota, with full citations and the original source on every page.
No South Dakota opinions match these filters
Try a different search term or clear the filters.
When the 1994 South Dakota Legislature passed SL 1994 ch. 19 directing removal of the Edwin Blashfield mural 'The Spirit of the West' from the Governor's Reception Room, did that statute override the Capitol Complex Restoration Commission's general preservation duties for historic areas, and can the painting be left in place covered by draperies if physical removal would damage it?
SL 1994 ch. 19 controls over the general preservation statutes in SDCL chapter 5-15 because it is both more specific (about this mural) and more recent (1994). The statute requires the painting be tak…
When the SD Legislature created the Office of Administrative Hearings under SDCL chapter 1-26C in 1994, did that new chapter override or abrogate the existing hearing procedures the Division of Insurance had been following under SDCL title 58 and chapter 1-26?
No. SDCL 1-26C creates a new structure (the Office of Administrative Hearings and statewide Administrative Law Judges) but does not abrogate existing procedures unless they specifically conflict. Insu…
Does the student member of the South Dakota Board of Regents have to satisfy the rule that no two regents may reside in the same county, where student regents typically register to vote in the college town like other students?
No. The student regent's qualifications are set by SDCL 13-49-6.1, not by the general regents statute SDCL 13-49-2. The specific student-regent statute controls, and it does not impose a one-regent-pe…
When a South Dakota sheriff conducts a foreclosure-by-advertisement sale of real estate and the only bid comes from the mortgagee bank itself (bidding in the property to clear its lien), what fee can the sheriff charge? The percentage commission for sales over $1,000 would be a meaningful amount.
Twenty dollars and no more. SDCL 7-12-18(30) is the specific statute for cases where the judgment creditor (here, the mortgagee bank) bids in the property. It overrides the percentage-commission statu…
Browse South Dakota opinions by topic
Attorney general opinions in South Dakota are written by the South Dakota Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.