SDCL § 31-19-36: Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.

In any case in which the State of South Dakota or a municipality has taken possession of any real property during the course of condemnation proceedings and in advance of final judgment therein, and the State of South Dakota or the municipality has become irrevocably committed to pay the amount ultimately to be awarded as compensation, it shall be lawful to expend moneys duly appropriated for that purpose in demolishing, moving, or selling existing structures on said land and in erecting public improvements or public works thereon; provided, that in the opinion of the attorney general or in the case of a municipality, the municipality's attorney, the title has been vested in the State of South Dakota or the municipality.