Aune v. B-Y Water District

Trends have recently developed concerning the abolition of certain sovereign immunities. See generally Prosser and Keeton on Torts § 131 (1988) (Prosser) and Speiser, Krause and Gans, The American Law of Torts § 6 (1985) (Speiser). Although one or two states seem to have retained something similar to total sovereign immunity,1 the great majority have now consented to at least some liability for torts (including South Dakota) “in all cases retaining the immunity at least to the extent of basic policy or discretionary decisions.” Prosser at 1044. This writer believes that “basic policy” means…