SDCL § 31-2-38: Award of damages, attorney's fees, and costs--Payment by state.

Notwithstanding any limitation in § 31-2-13.2 or 31-2-14.2, the State of South Dakota shall pay to any successful litigant in an action brought pursuant to this chapter or with respect to any highway or public transportation project pursuant to § 1-44-37, the amount of damages awarded and the amount of attorney fees and costs assessed against this state, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes.