49-34-1. Use of public way for transmission facilities. Subject to the provisions of §§31-26-1 to 31-26-8, inclusive, any municipal corporation or county may grant to any corporation organized under chapter 49-33, upon such terms as the proper authorities thereof shall determine, the use of any street, highway, turnpike, or bridge within its limits for the […]
49-34-10. Foreclosure of security–Succession to rights and powers. In case of a judicial sale by virtue of any trust deed or mortgage authorized by §49-34-9, any person or any other corporation organized under the provisions of chapter 49-33 may become the purchaser thereat, and the person or corporation acquiring title under such sale, his or […]
49-34-11. Recordation of security with secretary of state–Effective date of lien–After acquired property. Any trust deed or mortgage executed by a corporation organized under the provisions of chapter 49-33 or qualified in accordance with the provisions of §§47-1A-1501 to 47-1A-1532, inclusive, relative to the qualification of foreign corporations to transact business in this state, and […]
49-34-11.1. Public utility defined. As used in §§49-34-11.1 to 49-34-11.4, inclusive, the term “public utility” means a corporation, its lessees, its trustees and receivers, operating, maintaining or controlling in this state after July 1, 1967, equipment or facilities for the production, generation, transmission or distribution at retail of gas or electric service for the public […]
49-34-11.2. Perfection of security interest in personal property or fixtures of public utility–Filing requirements and effectiveness. Notwithstanding §§57A-9-302, 57A-9-401, 57A-9-402, and 57A-9-403, all filings required under the uniform commercial code in order to perfect a security interest against the personal property or fixtures of a debtor public utility shall be made and maintained in the […]
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 […]
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 […]
49-34-13. False meter readings as misdemeanor. It is a Class 2 misdemeanor for any person employed to read meters who knowingly reports to his employer that a consumer of gas, water, electricity, heat, refrigeration or air has used a greater quantity of gas, water, electricity, heat, refrigeration or air than the amount actually used by […]
49-34-14. Overcharging–Civil fine. Any person who shall knowingly collect from any consumer of gas, water, electricity, heat, refrigeration, or air an amount greater than that actually used by such customer shall be punished by a civil fine not exceeding five hundred dollars. Source: SDC 1939, §13.1814; SL 1983, ch 15, §136; SL 1983, ch 331, […]
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; […]
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 […]
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 […]
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 […]
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 […]
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 […]
49-34-2. Construction standards–Obstruction of travel–Repairs. Every railroad, electric light, or power line, constructed and operated upon any public street or highway pursuant to §49-34-1, shall be constructed upon the most approved plan and be subject to such reasonable rules and regulations as the proper authorities may from time to time prescribe and shall be so […]
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 […]
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: […]
49-34-3. Contracts for central heating. The board of county commissioners, the governing body of any municipal corporation, the board of trustees or directors of any religious, fraternal, or benevolent society, association, or corporation shall have power and authority to enter into a contract with a central heating corporation or association for the purpose of securing […]
49-34-4. Acquiring property for accessory facilities–Procedure for condemnation. Any corporation organized under chapter 49-33 may acquire by purchase, grant, or condemnation and hold and use such real and other property as may be necessary for the construction and operation of its business, including powerhouses, carbarns, stations, machine and repair shops, electric plants, and power lines, […]
