In order to facilitate the quick and efficient resolution of disputes, whenever two or more local governmental bodies are engaged in a legal dispute, on motion of any party or on its own, the court may order the parties to proceed:
Rule 72.1.Local intergovernmental actions — Alternative dispute resolution.
Part IX: Expedited Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 15-6-72.1 lets a South Dakota court push a legal dispute between two or more local government bodies into the expedited civil action process, regardless of the amount at stake, or into alternative dispute resolution short of binding arbitration.
Full Text of Rule 15-6-72.1
(1) Under the expedited civil action process set out in §§ 15-6-73 to 15-6-76.1, inclusive, regardless of any amount in controversy; or
(2) To alternative dispute resolution, other than binding arbitration, on such terms as the court may order.
Plain-English Summary
Rule 15-6-72.1 targets a specific kind of dispute: one between two or more local governmental bodies. To encourage a quick and efficient resolution, the court may order the parties into one of two tracks, either on motion of any party or on the court’s own initiative.
The first option sends the parties into the expedited civil action process described in the following rules, and it does so regardless of any amount in controversy. That removes the $75,000 eligibility gate that ordinarily limits Rule 15-6-72’s process to smaller claims, letting intergovernmental disputes use those streamlined procedures no matter how much money is at issue.
The second option sends the parties to alternative dispute resolution, other than binding arbitration, on whatever terms the court orders. Binding arbitration is off the table under this rule, though other forms of alternative dispute resolution remain available.
Which bodies count as local governmental bodies for this rule is spelled out in the companion definition in Rule 15-6-72.2.
Frequently Asked Questions
Can a South Dakota court order two local governments into the expedited civil action process even if the dispute involves more than $75,000?
Yes. Rule 15-6-72.1 allows the court to order the expedited civil action process for a dispute between local governmental bodies regardless of any amount in controversy.
Who can ask the court to order this expedited or alternative dispute resolution treatment?
Rule 15-6-72.1 allows any party to the dispute to move for it, and it also lets the court order it on its own.
Can the court order binding arbitration under this rule?
No. Rule 15-6-72.1 expressly excludes binding arbitration from the alternative dispute resolution option; only other forms of alternative dispute resolution are available under that track.
What kind of dispute triggers this rule?
A legal dispute between two or more local governmental bodies, as that term is defined in the companion rule, Rule 15-6-72.2.
Does the size of the dispute limit whether a court can use this rule?
No. Rule 15-6-72.1 states that the expedited civil action process applies regardless of any amount in controversy when the dispute is between local governmental bodies.
Amendment History
—2021 ch 85, § 1, effective July 1, 2021.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as: south dakota intergovernmental dispute resolutionsd rule 15-6-72.1local government dispute expedited process south dakotaalternative dispute resolution local government sd