Title 49 — PUBLIC UTILITIES AND CARRIERS

61 chapters · 1,170 sections in this title.

71 sectionsFiltered byTitle 49 Ch 41B

SDCL § 49-41B-4.2 Trans - state transmission line--Criteria required
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The South Dakota Legislature before approving a proposed trans - state transmission line shall find that each of the following criteria has been met: (1) That the proposed trans - state transmission line and route will comply with all applicable laws and rules; (2) That the propo…
SDCL § 49-41B-4.3 Seasonal diversity exchange of electric power
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The transmission line to be used in the seasonal diversity exchange of electric power as set forth in the Public Utility Regulatory Policies Act of 1978, Public Law 95-617, Title 6, Section 602, is hereby declared to be subject to this chapter. Source: SL 1979, ch 318 , § 5; SL 1…
SDCL § 49-41B-4.4 Trans-state transmission facility--Eminent domain--Acquisition of fee in land contiguous to right-of-way--Divestiture of agricultural land
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In the exercise of the authority of eminent domain pursuant to chapter 21-35 to acquire right - of - way or other property for a trans - state transmission facility, as defined by § 49-41B-2 , a property owner shall have the option to require the utility to take a fee interest in…
SDCL § 49-41B-4.5 Foreclosure on nondivested agricultural land
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The attorney general shall commence action pursuant to chapter 21-47 where there is reason to believe that the utility has not complied with the provisions of § 49-41B-4.4 relating to the divestiture of agricultural lands within five years of their acquisition. Source: SL 1980, c…
SDCL § 49-41B-4.6 Corporate ownership of agricultural land
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The restrictions on corporate ownership of agricultural land pursuant to § 47-9A-3 shall not apply to acquisitions of agricultural land required by a proceeding pursuant to §
SDCL § 49-41B-4.7 Divestiture of less than fair market value not required
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No utility required to divest lands pursuant to this chapter, shall be required to do so for less than fair market value. Source: SL 1980, ch 327 , § 12. 49-41B-4.8. Repealed by SL 1981, ch 343 , § 5, as amended by SL 1983, ch 350 , § 2.
SDCL § 49-41B-4.8 Repealed by SL 1981, ch 343 , § 5, as amended by SL 1983, ch 350 , § 2
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49-41B-5 Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests. 49-41B-5.1 Posting of signs on proposed site--Time for posting--Contents. 49-41B-5.2 Notification of area landowners by mail--Time for notific…
SDCL § 49-41B-40 Rejected by referendum
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Source: SL 2024, ch 189 , § 7, rejected Nov. 5, 2024.
SDCL § 49-41B-41 Rejected by referendum
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Source: SL 2024, ch 189 , § 8, rejected Nov. 5, 2024.
SDCL § 49-41B-42 Rejected by referendum
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Source: SL 2024, ch 189 , § 9, rejected Nov. 5, 2024.
SDCL § 49-41B-43 Rejected by referendum
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Source: SL 2024, ch 189 , § 10, rejected Nov. 5, 2024.
SDCL § 49-41B-44 Rejected by referendum
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Source: SL 2024, ch 189 , § 11, rejected Nov. 5, 2024.
SDCL § 49-41B-45 Rejected by referendum
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Source: SL 2024, ch 189 , § 12, rejected Nov. 5, 2024.
SDCL § 49-41B-46 Rejected by referendum
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Source: SL 2024, ch 189 , § 13, rejected Nov. 5, 2024.
SDCL § 49-41B-5 Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests
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A notification of intent to apply for a permit for construction of an energy conversion facility or AC/DC conversion facility shall be filed with the Public Utilities Commission at least six months before filing an application as required in §
SDCL § 49-41B-5.1 Posting of signs on proposed site--Time for posting--Contents
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The utility shall post signs on the area where the energy conversion facility or AC/DC conversion facility is proposed to be sited to notify the public. The signs shall be posted on areas that are clearly visible to an ordinarily observant person and shall be posted within thirty…
SDCL § 49-41B-5.2 Notification of area landowners by mail--Time for notification--Copy of application filed with county auditor
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Within thirty days following the filing of an application for permit, the applicant shall notify, in writing, the owner of record of any land that is located within one-half mile of the proposed site where the facility is to be constructed. For purposes of this section, the owner…
SDCL § 49-41B-6 Designation of affected area by commission after notification of intent filed--Local review committee designated, composition
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Within thirty days after the filing of the notification of intent to apply for a permit for the construction of an energy conversion facility or AC/DC conversion facility, the Public Utilities Commission shall designate the affected area and a local review committee composed of: …
SDCL § 49-41B-7 Assessment by local review committee--Factors included
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The local review committee shall meet to assess the extent of the potential social and economic effect to be generated by the proposed facility, to assess the affected area's capacity to absorb those effects at various stages of construction, and formulate mitigation measures. Th…
SDCL § 49-41B-8 Employment of personnel by committee--Expenses--Information furnished by commission
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The local review committee may employ such persons as determined by the Public Utilities Commission which may be required to carry out the provisions of § 49-41B-7 and the expenses of said staff shall be paid from the initial filing fee. The commission shall furnish copies of the…
SDCL § 49-41B-9 Financing of committee expenses
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Expense payments and other authorized payments to members of the local review committee for their service on the committee shall be financed by the unit of government or utility which they represent. Source: SL 1977, ch 390 , § 11.