Section 49-34-15 – Destruction of facilities as felony.
49-34-15. Destruction of facilities as felony. Any person who, without lawful authority, intentionally breaks, digs up, or obstructs any pipe or main for conducting gas or water, any works erected for supplying buildings with gas or water, or any appurtenances or appendages therewith connected, is guilty of a Class 6 felony. Source: SDC 1939, §13.4509; […]
Section 49-34-16 – Unauthorized or fraudulent connection as misdemeanor–Civil liability unaffected.
49-34-16. Unauthorized or fraudulent connection as misdemeanor–Civil liability unaffected. It is a Class 2 misdemeanor for any person without lawful authority to connect or cause to be connected with a main or service pipe or conductor of heat, refrigeration, air conditioning, gas, water or electricity, a pipe, wire or other device for the purpose of […]
Section 49-34-17 – Joint ownership of property used in connection with natural gas or electricity–Agreements for restrictions on alienation.
49-34-17. Joint ownership of property used in connection with natural gas or electricity–Agreements for restrictions on alienation. Any two or more persons who own or intend to own, jointly, by partnership interest, or as tenants in common any property used or to be used in whole or in part for the generation, transmission or distribution […]
Section 49-34-18 – Unauthorized use of service–Definitions.
49-34-18. Unauthorized use of service–Definitions. Terms as used in this section and §§49-34-19 to 49-34-21, inclusive, mean: (1)”Bypassing,” the act of attaching, connecting or in any manner affixing any wire, cord, socket, motor or other instrument, device or contrivance to the utility supply system or any part thereof in a manner as to transmit, supply […]
Section 49-34-19 – Civil liability for unauthorized service and damage to facilities–Limitation of action–Treble damages–Costs.
49-34-19. Civil liability for unauthorized service and damage to facilities–Limitation of action–Treble damages–Costs. A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts any of the following acts resulting in damages to the utility, namely: bypassing, tampering or unauthorized metering. In addition, a utility may […]
Section 49-34-19.1 – Tampering with back flow preventer a misdemeanor.
49-34-19.1. Tampering with back flow preventer a misdemeanor. It is a Class 2 misdemeanor for any person without lawful authority to connect, disconnect, bypass, or tamper with a back flow preventer installed on a public water system. Nothing in this section affects the right of a water service company to recover any damages caused by […]
Section 49-34-20 – Presumptions.
49-34-20. Presumptions. There is a rebuttable presumption that a tenant or occupant of any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the tenants or occupant had controlled access to the part of the utility supply system on the premises […]
Section 49-34-21 – Remedies additional.
49-34-21. Remedies additional. It is the purpose of this section and §§49-34-18 to 49-34-20, inclusive, to provide additional remedies to avoid the wrongful use of the facilities of utilities; and nothing in this section and §§49-34-18 to 49-34-20, inclusive, abridges or alters those rights of action or remedies existing prior to July 1, 1985. Source: […]
Section 49-34-11.4 – Applicability of uniform commercial code and other laws–Single filing–Compliance with retention requirements.
49-34-11.4. Applicability of uniform commercial code and other laws–Single filing–Compliance with retention requirements. Unless displaced by the specific provisions of §§49-34-11.1 to 49-34-11.4, inclusive, the uniform commercial code and other applicable laws remain in full force and effect and supplement the provisions of §§49-34-11.1 to 49-34-11.4, inclusive. The public utility may make a single filing […]
Section 49-34-12 – Assignment or discharge of security–Recordation with secretary of state–Description of property.
49-34-12. Assignment or discharge of security–Recordation with secretary of state–Description of property. Any trust deed or mortgage described in §49-34-9 may be assigned or discharged by filing for record in the office of the secretary of state and in the office of the register of deeds of each county, if any, in which the trust […]