S.D. Codified Laws § 21-28-14
Current with legislation signed by the governor on or before 3/6/2024
It shall be the duty of any state's attorney, whenever he shall have reason to believe that any of the acts or omissions described in § 21-28-12 can be established by proof, to apply for leave, and upon leave granted, to bring an action in every case of public interest and also in every other case in which security shall be given to indemnify the state against the costs and expenses to be incurred thereby.
SDCL 21-28-14