S.D. Codified Laws § 20-15-6

Current through the 2024 Legislative Session

Section 20-15-6 - Attorney's Fees-Exemption

In a civil action filed pursuant to § 20-15-5 in which a plaintiff prevails, the plaintiff shall recover reasonable attorney's fees, in addition to any other remedies available to the plaintiff. However, the plaintiff is not entitled to attorney's fees under this section if:

(1) The plaintiff filed the civil action prior to the expiration of an extension invoked by the defendant;

(2) The court determines that the defendant's explanation as to the necessity of the extension was reasonable; and

(3) The defendant makes the improvements to bring the property into compliance with applicable accessibility laws during the period of extension.

If the property owner, agent, or other responsible party where the alleged accessibility law violation occurred makes the improvements to bring the property into compliance with the applicable accessibility laws within the thirty-day period described in § 20-15-5 and provides evidence to the alleged aggrieved party that the improvements have been made, or if the property owner, agent, or other responsible party demonstrates to the court's satisfaction that the explanation given for the necessity of an extension was reasonable, the alleged aggrieved party may not receive any damages or attorney's fees for any action arising out of the same or similar facts that served as a basis for the alleged violation. The alleged aggrieved party may receive damages and attorney's fees for actions arising out of a recurrence of the same or similar alleged accessibility law violation if it is determined that the property owner, agent, or other responsible party failed to maintain accessibility following the initial improvements.

SDCL 20-15-6

SL 2020, ch 72, § 6.

Added by S.L. 2020, ch. 72,s. 6, eff. 7/1/2020.