Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-40-1 Conditions under which assets may be transferred or encumbered
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No power plant or system owned by a consumers power district shall be sold, alienated or mortgaged by such district, except under the circumstances set forth in this chapter. Source: SL 1950 (SS), ch 17 , § 59; SDC Supp 1960, § 52.1758.
SDCL § 49-40-10 Court hearing and investigation respecting dissolution--Filing order of dissolution with clerk of courts and secretary of state
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After such hearing and such independent investigation as may be deemed advisable, the court shall grant or reject the prayer of a petition filed pursuant to § 49-40-9 , and, if the prayer of the petition is granted, the court shall thereupon issue its order declaring the district…
SDCL § 49-40-2 Hypothecation of assets permitted
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If, in order to borrow money, it shall become necessary that a consumers power district mortgage, or otherwise hypothecate, any of its said property or assets to secure the payment of a loan or loans made to it, such district is hereby authorized and empowered to do so. Source: S…
SDCL § 49-40-3 Sale of consumers power district assets
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Any consumers power district may sell any power plant, electric generating plant, electric transmission, or distribution system, or any part thereof, for any sum and upon any terms that the board of directors of the district may consider fair and reasonable. Source: SL 1950 (SS),…
SDCL § 49-40-3.1 Sale of assets--Retroactive application
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Section 49-40-3 is retroactive and is effective as to any resolution or agreement adopted by any consumers power district. Source: SL 1983, ch 347 , § 2.
SDCL § 49-40-4 Right of municipality to purchase portion of assets within boundaries
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Whenever any consumers district shall, as provided in chapters 49-35 to 49-40 , inclusive, acquire, by purchase, lease or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any municipality, if any part of such system be wi…
SDCL § 49-40-5 Inability to agree with municipality on price--Court determination--Basis of determination
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If any municipality and consumers power district shall fail to agree upon a price and terms for the sale of property to such municipality pursuant to § 49-40-4 the procedure for determining such price and terms of sale, and for compelling such sale shall be the same as is provide…
SDCL § 49-40-6 Allocation of bonded indebtedness as between municipality and other transferee--Terms of court award
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When the sum that is fair and reasonable shall have been determined as provided in § 49-40-5 , the court shall deduct therefrom and allow as a credit upon such sum an amount that bears the same proportion to such sum as the amount of the bonds that have been paid, redeemed or liq…
SDCL § 49-40-8 Lease or alienation of facilities within municipality
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If a consumers power district is comprised of territory wholly within the corporate limits of a first or second class municipality then the district shall have power to lease or alienate the franchises, plant or physical equipment of the district to any private person, firm, asso…
SDCL § 49-40-9 Petition for dissolution of district--Conditions under which dissolution may be permitted--Notice of dissolution--Contents of notice--Expenses of dissolution
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Whenever a petition signed by a majority of the members of the board of directors or by twenty - five or more qualified voters of the state residing within the territorial boundaries of any district organized under and by virtue of chapter 49-35 , shall be presented to the circui…
SDCL 9-39-38
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Source: SL 1950 (SS), ch 17 , § 69; SDC Supp 1960, § 52.1768; SL 1992, ch 60 , § 2; SL 2017, ch 198 , § 3.