South Dakota Codified Laws
Chapter 09 - Liability For Torts
Section 20-9-42 - Adjustment of fair market value of total gross assets.

20-9-42. Adjustment of fair market value of total gross assets.
The fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used, plus one percent. This rate may not be compounded. The adjustment of the fair market value of total gross assets shall continue as provided in this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
No adjustment of the fair market value of total gross assets may be applied to any liability insurance that may be included in the definition of total gross assets by §20-9-41.

Source: SL 2010, ch 110, §7.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 20 - Personal Rights and Obligations

Chapter 09 - Liability For Torts

Section 20-9-1 - Responsibility for injury by willful act or negligence--Contributory negligence.

Section 20-9-1.1 - Loss of chance doctrine abrogated.

Section 20-9-1.2 - Other rules and principles not affected.

Section 20-9-2 - Comparative negligence--Reduction of damages.

Section 20-9-3 - Licensed medical practitioners immune from liability for emergency care.

Section 20-9-4 - Immunity of medical practitioner licensed in another state--Acts not deemed professional practice.

Section 20-9-4.1 - Immunity from liability for emergency care--Exception.

Section 20-9-4.2 - Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted.

Section 20-9-4.3 - Definition of terms.

Section 20-9-4.4 - Civil immunity for emergency use or nonuse of AED.

Section 20-9-4.6 - AED trainer immunity.

Section 20-9-4.8 - Immunity inapplicable in event of negligence or misconduct.

Section 20-9-4.9 - Over-the-counter AED--Application of chapter--Immunity from civil liability--Exception.

Section 20-9-6 - Right to protection from bodily harm, insult, or injury to personal relations.

Section 20-9-6.1 - Claim of barratry.

Section 20-9-7 - Abduction, enticement and seduction forbidden by rights of personal relation.

Section 20-9-9 - Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited.

Section 20-9-10 - Product's manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications.

Section 20-9-10.1 - State of the art defense in product liability actions.

Section 20-9-11 - Landowners, tenants, and lessees exempt from liability for injuries on flooded land--Exceptions.

Section 20-9-11.1 - Trespasser defined.

Section 20-9-11.2 - Person with possessory interest in land exempt from liability to trespasser--Exceptions.

Section 20-9-11.3 - Person with possessory interest in land liable to trespasser for intentional injury.

Section 20-9-11.4 - Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.

Section 20-9-11.5 - Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.

Section 20-9-11.6 - Person with possessory interest in land liable for injury to or death of certain known trespassers.

Section 20-9-12 - Definition of terms.

Section 20-9-13 - Landowner not obligated to keep land safe for outdoor recreational activity—Exception.

Section 20-9-14 - Individual on private land for outdoor recreational activity--Landowner not liable--Exceptions.

Section 20-9-15 - Landowner liability for land leased to state or its political subdivisions for outdoor recreation activity.

Section 20-9-16 - Landowner liability for gross negligence or injury suffered where consideration charged or law violated.

Section 20-9-16.1 - Injury or death resulting from inherent risk of an agritourism activity--Warning notice.

Section 20-9-17 - Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism.

Section 20-9-18 - Doctrine of attractive nuisance not affected.

Section 20-9-19 - Definition of terms as to political subdivisions.

Section 20-9-20 - Political subdivisions and employees not obligated to keep land safe for entry or use--Exceptions.

Section 20-9-21 - Liability of political subdivision or employees for invitational or permissive use of land.

Section 20-9-22 - Limits of political subdivision's liability.

Section 20-9-23 - Effect of §§20-9-19 to 20-9-23 on attractive nuisance or other legal doctrines.

Section 20-9-24 - Definition of terms as to state.

Section 20-9-25 - State's duty of care to keep land safe and to warn of dangers on land used for outdoor recreational purposes.

Section 20-9-26 - Liability of state, its agencies, and employees for invitational or permissive use of land.

Section 20-9-27 - Limits of state's liability.

Section 20-9-28 - Effect of §§20-9-24 to 20-9-28 on attractive nuisance or other legal doctrines.

Section 20-9-29 - Definitions.

Section 20-9-30 - Livestock owners--Control by another person.

Section 20-9-31 - Livestock--Contract--Facilities.

Section 20-9-32 - Civil cause of action for malicious intimidation or harassment--Damages.

Section 20-9-33 - Civil liability for counterfeit lien.

Section 20-9-34 - Civil liability for harassment by threat of fraudulent legal proceedings or liens.

Section 20-9-35 - Civil liability for impersonating a judicial official.

Section 20-9-36 - Definitions related to asbestos claims.

Section 20-9-37 - Asbestos claim defined.

Section 20-9-38 - Successor asbestos-related liabilities defined.

Section 20-9-39 - Limitation on cumulative successor asbestos-related liabilities.

Section 20-9-40 - Limitation where transferor assumed or incurred liabilities of prior transferor.

Section 20-9-41 - Total gross assets defined--Determination of fair market value.

Section 20-9-42 - Adjustment of fair market value of total gross assets.

Section 20-9-43 - Exclusions from limitation on cumulative successor asbestos-related liabilities.

Section 20-9-44 - Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers.

Section 20-9-45 - Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors.

Section 20-9-46 - Wrongful human trafficking.

Section 20-9-47 - Definitions pertaining to fishing tournaments.

Section 20-9-48 - Limited liability of fishing tournament sponsors.

Section 20-9-49 - Circumstances under which liability of fishing tournament sponsor and others not limited.

Section 20-9-50 - Fishing professionals and tournament sponsors liable for warranty and trespass.

Section 20-9-51 - Warning sign to be posted by fishing professionals and tournament sponsors--Warning notice in contracts.

Section 20-9-52 - Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease.

Section 20-9-53 - Definitions.

Section 20-9-54 - Liability for riot and incitement to riot.

Section 20-9-55 - Jurisdiction--Evidence--Procedure.

Section 20-9-56 - Damages for riot or incitement to riot.

Section 20-9-57 - Riot boosting recovery fund established.