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South Dakota Constitution, Article XVII

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Article XVII, Public Accounts and Expenditures

24 sections · 0 paragraphs in this article.

All articles201 Art. I24 Art. II2 Art. III8 Art. IV10 Art. V1 Art. VI22 Art. VII2 Art. VIII4 Art. IX17 Art. X7 Art. XI3 Art. XII4 Art. XIII11 Art. XIV2 Art. XV7 Art. XVI8 Art. XVII24 Art. XVIII3 Art. XIX2 Art. XX3 Art. XXI10 Art. XXII0 Art. XXIII3 Art. XXIV0 Art. XXV0 Art. XXVI23 Art. XXVII0 Art. XXVIII1

24 provisions·Filtered byArt. XVII✕

S.D. Const. art. XVII, § 1 Special Corporation Laws Prohibited--State-Controlled Corporations Excepted
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No corporation shall be created or have its charter extended, changed or amended by special laws, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state; but the Legislature shall provide, b…
S.D. Const. art. XVII, § 2 Invalidation of Charters without Bona Fide Organization and Business
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All existing charters, or grants of special or exclusive privileges under which a bona fide organization shall not have taken place and business been commenced in good faith at the time this Constitution takes effect, shall thereafter have no validity.
S.D. Const. art. XVII, § 3 Laws for Benefit of Corporation as Conditioned on Compliance with Constitutional Provision
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The Legislature shall not remit the forfeiture of the charter of any corporation now existing nor alter or amend the same nor pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its chart…
S.D. Const. art. XVII, § 4 Corporations Subject to Eminent Domain--Police Power

art-I

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The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the Legislature from taking the property and franchises of incorporated companies and subjecting them to public use, the same as the property of individuals; and the exercise of the …

S.D. Const. art. XVII, § 5 Casting of Votes for Directors or Managers

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In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer.

S.D. Const. art. XVII, § 6 Place of Business and Authorized Agent Required of Foreign Corporation

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No foreign corporation shall do any business in this state without having one or more known places of business and an authorized agent or agents in the same upon whom process may be served.

S.D. Const. art. XVII, § 7 Business to Be Expressed in Charter--Real Estate Restricted

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No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.

S.D. Const. art. XVII, § 8 Indebtedness Increase

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No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general la…

S.D. Const. art. XVII, § 9 Legislature's Power to Alter, Revise, or Annul Corporate Charters--Creation, Renewal, or Extension

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The Legislature shall have the power to alter, revise or annul any charter of any corporation now existing and revocable at the taking effect of this Constitution, or any that may be created, whenever in their opinion it may be injurious to the citizens of this state, in such a m…

S.D. Const. art. XVII, § 10 Local Consent Required for Grant of Street Railroad Right

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No law shall be passed by the Legislature granting the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by suc…

S.D. Const. art. XVII, § 11 Construction and Maintenance of Telegraph Lines--Controlling Interest in Competing Company Prohibited

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Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph in this state and to connect the same with other lines; and the Legislature shall by general law of uniform operation provide reasonable …

S.D. Const. art. XVII, § 12 Railroad Corporations

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Every railroad corporation organized or doing business in this state under the laws or authority thereof shall have and maintain a public office or place in this state for the transaction of its business, where transfers of its stock shall be made, and in which shall be kept for …

S.D. Const. art. XVII, § 13 Movable Property of Railroad Corporation Considered Personalty--Execution and Sale

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The rolling stock, and all other movable property belonging to any railroad company or corporation in this state shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the Legislature shall …

S.D. Const. art. XVII, § 14 Consolidation of Railroad Lines--Forfeiture of Charter for Evasion of Provisions

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No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given out, at least sixty days to all stockholders, in …

S.D. Const. art. XVII, § 15 Railways and Rail Companies Declared Public Highways and Common Carriers-- Regulation of Rates

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Railways heretofore constructed or that may hereafter be constructed, in this state are hereby declared public highways, and all railroad and transportation companies are declared to be common carriers and subject to legislative control; and the Legislature shall have power to en…

S.D. Const. art. XVII, § 16 Right to Construct and Operate Railroad--Passengers, Tonnage, and Cars

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Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this state, and to connect at the state line with railroads of other states. Every railroad company shall have the right with its road to in…

S.D. Const. art. XVII, § 17 Rate Discrimination Prevention

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The Legislature shall pass laws to correct abuses and prevent discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeit…

S.D. Const. art. XVII, § 18 Compensation for Private Property Taken for Public Use--Assessment of Damages

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Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed, by the construction or enlargement of their works, highways or improvements, which compens…

S.D. Const. art. XVII, § 19 Corporations Defined

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The term "corporations," as used in this article, shall be construed to include all joint stock companies or associations having any of the powers or privileges of corporations not possessed by individuals or partnerships.

S.D. Const. art. XVII, § 20 Monopolies and Trusts Prohibited--Combinations in Restraint of Trade--Legislative Powers

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Monopolies and trusts shall never be allowed in this state and no incorporated company, copartnership or association of persons in this state shall directly or indirectly combine or make any contract with any incorporated company, foreign or domestic, through their stockholders o…

S.D. Const. art. XVII, § 21 Corporate or Syndicate Farming Prohibited--Definitions--Restrictions

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No corporation or syndicate may acquire, or otherwise obtain an interest, whether legal, beneficial, or otherwise, in any real estate used for farming in this state, or engage in farming. The term, corporation, means any corporation organized under the laws of any state of the Un…

S.D. Const. art. XVII, § 22 Restrictions--Application

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The restrictions in § 21 of Article XVII do not apply to:

S.D. Const. art. XVII, § 23 Loss of Qualification--Requalification or Dissolution

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If a family farm corporation or family farm syndicate that has qualified under all the requirements of a family farm corporation or a family farm syndicate ceases to meet the defined criteria, it has twenty years, if the ownership of the majority of the stock of such corporation,…

S.D. Const. art. XVII, § 24 Annual Report--Violations--Action and Enforcement

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Any corporation or syndicate that owns agricultural land or engages in farming is required to report information necessary for the enforcement of §§ 21 to 24, inclusive, of Article XVII to the secretary of state on an annual basis, under rules promulgated by the secretary pursuan…