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Win your assessment appeal in South Dakota and still pay your own lawyer

South Dakota · Legislation

Win your assessment appeal in South Dakota and still pay your own lawyer

South Dakota's property assessment appeal statute shifts fees in one direction only: against the homeowner who loses. A 2026 bill would have made it run both ways. It cleared the Senate without a single dissenting vote and then died in a House committee, unanimously.1

The asymmetry as it stands

SDCL 10-11-45.1 currently permits a circuit court to award disbursements including reasonable attorney fees against an appellant “if the appellant does not prevail in the appeal of the property assessment.” There is no corresponding provision for an appellant who does prevail.

So a South Dakota owner who challenges an assessment faces a one-sided wager: lose, and the court may order you to pay costs; win, and you carry your own.

What SB 208 would have done

Senators Amber Hulse and Representative Tim Goodwin's bill added a mandatory second sentence:

“If an aggrieved owner or taxpayer prevails in the appeal, the court must award disbursements and reasonable attorney fees to the owner or taxpayer.”

The parallel change at the Supreme Court level, amending SDCL 10-11-78, would have made the court's authority discretionary against a losing appellant and mandatory for a prevailing owner: it “[m]ay award reasonable attorney fees, if the appellant does not prevail,” but “[m]ust award reasonable attorney fees to any aggrieved owner or taxpayer that prevails in the appeal.”

Note the asymmetry it would have created in the homeowner's favour: discretionary against them, mandatory for them.

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The path, which is the story

Senate Judiciary reported it Do Pass Amended, 6-0. A floor amendment was adopted 19-15. The Senate then passed it 34-0 on February 20, 2026 — the entire chamber, with one member excused.

It went to House Taxation. On March 3, 2026, Do Pass failed 4-8, and the committee tabled it 12-0, with one excused.

A bill that thirty-four senators supported and no senator opposed was killed by a dozen representatives in committee without reaching the House floor. That sequence is worth noticing on its own: unanimity in one chamber carries no weight in the other, and in South Dakota's forty-day session a committee table is the end of the road.

Why a fee rule decides whether appeals happen

Assessment appeals are small-stakes, high-cost litigation. The amount in dispute on a single home is a fraction of one year's tax bill; the cost of an appraiser and counsel is not. A rule that puts the owner's fees at risk when they lose, and gives them nothing when they win, is the most concrete disincentive in South Dakota law against testing an assessment — and it is not a neutral rule, because the county on the other side is funded regardless of outcome.

The effect compounds where a whole neighbourhood is revalued at once. In a subdivision where every lot moves together, the arguments are common and the evidence is shared, but each owner bears the risk alone.

How this lands on an association

Two ways, and both are easy to miss.

The association's own parcels. A clubhouse, a pool lot, a maintained open space or a private road parcel titled in the association's name is assessed like any other real property, and it carries no owner-occupied classification — so it sits outside the countywide three percent cap in SDCL 10-6-158 that protects the members' homes. If that parcel is over-assessed, the association is the appellant, and it is the one facing the one-way fee exposure. The cost of a failed appeal comes out of the same budget as everything else.

The members' individual bills. An association has no standing to appeal on behalf of its members' homes; each owner appeals their own. Our assessment limits page covers the distinction between the tax assessment and the association assessment, which readers routinely conflate and which behave nothing alike.

HB 1258, which requires a property tax bill to carry a link to a Department of Revenue information site, was signed. It came out of the 2025 property tax task force's recommendation B. So the session's contribution to assessment appeals was better signposting of information, not better access to review.

Two other task force recommendations on the same subject also failed: HB 1259, an online application for property tax relief programs, was deferred to the 41st day 6-3, and SB 196, raising the assessment-freeze income limit for multi-member households from $65,000 to $85,000, failed on the Senate floor 15-18.

What to watch next

A bill that passes a chamber 34-0 usually returns. The question for 2027 is whether the mandatory language survives redrafting — House Taxation's objection is not recorded in the roll call, and a discretionary version, which would have let a court award fees to a prevailing owner without requiring it, was never put to either chamber.

Related South Dakota HOA Topics

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  1. South Dakota SB 208 (2026), An Act to require the award of certain disbursements to prevailing owners and taxpayers in appeals of property assessments — bill record, text and votes ↩

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