South Dakota Codified Laws
Chapter 35 - Taxation Of Electric, Heating, Water And Gas Companies
Section 10-35-2 - Operating property assessed by department.

10-35-2. Operating property assessed by department.
All property, real and personal, belonging to or held under lease or otherwise by any light or power company, heating company, water company, or gas company as the same is defined in §10-35-1 and used by it exclusively in the operation of its line or lines in this state, except such as is held under lease and used in such manner as to make it taxable to the owner under the general property tax laws, shall be assessed annually for taxation by the Department of Revenue, and not otherwise.

Source: SDC 1939, §57.1902; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 35 - Taxation Of Electric, Heating, Water And Gas Companies

Section 10-35-1 - Companies subject to tax.

Section 10-35-1.1 - Tax on electric generation and transmission facilities used for out-of-state consumers.

Section 10-35-1.2 - Generating property of rural electric companies subject to tax.

Section 10-35-1.3 - Definitions.

Section 10-35-1.4 - Application for partial tax exemption for power generation facility prior to construction.

Section 10-35-1.5 - Partial exemption for power generation facility--Allocation of exemption.

Section 10-35-1.6 - Amount of tax exemption during construction of qualifying power generation facility.

Section 10-35-1.7 - Definitions.

Section 10-35-1.8 - Application for exemption for coal-fired power plant performing environmental upgrade.

Section 10-35-1.9 - Exemption for coal-fired power plant performing environmental upgrade--Allocation of exemption.

Section 10-35-1.10 - Promulgation of rules on environmental upgrade exemption.

Section 10-35-2 - Operating property assessed by department.

Section 10-35-3 - Annual report required of companies--Date of filing.

Section 10-35-4 - Information given in annual report on property within municipalities.

Section 10-35-5 - Information given in annual report on property outside municipalities.

Section 10-35-6 - Capitalization and financial data given in annual report.

Section 10-35-7 - Additional information given in annual report.

Section 10-35-8 - Addition to assessable value for failure to file annual report.

Section 10-35-9 - Date of annual assessment of property--Information considered--Earnings, income and franchises considered--Separate valuation of property within municipalities.

Section 10-35-10 - Valuation of power and pipelines--Application of property tax levies.

Section 10-35-10.1 - Determining fair market value of public utility property.

Section 10-35-11 - Notice of assessment to company--Hearing.

Section 10-35-12 - Equalization and notice of assessments--Certification to county auditors--Extension, collection and distribution of tax.

Section 10-35-13 - County commissioners' allocation of assessed valuations to taxing districts--Notice to company.

Section 10-35-14 - Map of lines filed with county auditor--Use in allocating valuation to taxing districts.

Section 10-35-15 - Collection of delinquent taxes.

Section 10-35-16 - Definition of terms.

Section 10-35-17 - Alternative annual tax on wind farm property and solar facilities.

Section 10-35-18 - Annual tax based on nameplate capacity of wind farm or solar facility.

Section 10-35-19 - Annual tax on electricity produced by wind farm producing power for first time between July 1, 2007 and April 1, 2015.

Section 10-35-19.1 - Annual tax on electricity produced by wind farm after March 31, 2015 or by solar facility.

Section 10-35-20 - Renewable facility tax fund.

Section 10-35-21 - Distributions from renewable facility tax fund.