21-35-1.1. Trans-state transmission line construction--Eminent domain.
A utility constructing a transmission line in this state that has obtained a permit pursuant to chapter 49-41B and approval by legislative enactment as required pursuant to §49-41B-4.1, is entitled to the power of eminent domain as provided by this chapter. However, such action shall not be construed to constitute approval of the use of federal eminent domain.
Source: SL 1980, ch 327, §6.
Structure South Dakota Codified Laws
Chapter 35 - Condemnation Under Power Of Eminent Domain
Section 21-35-1 - Condemnors covered by chapter--Petition for ascertainment of compensation by jury.
Section 21-35-1.1 - Trans-state transmission line construction--Eminent domain.
Section 21-35-2 - Contents of petition for ascertainment of compensation.
Section 21-35-3 - Amendment of petition and notice.
Section 21-35-4 - Verification of petition--Statement of good faith.
Section 21-35-5 - Attachment of document authorizing condemnation.
Section 21-35-6 - Additional pleadings not required.
Section 21-35-7 - Interpleader of adverse claimants to compensation.
Section 21-35-8 - Notice of pendency of action filed with register of deeds--Effect of recording.
Section 21-35-9 - Summons to defendants--Contents.
Section 21-35-11.1 - Mediation.
Section 21-35-12 - Order to summon jury on default.
Section 21-35-14 - Continuance of proceedings as to defendants not served.
Section 21-35-15 - Issue tried by jury.
Section 21-35-16 - View of premises by jury.
Section 21-35-17 - Benefits of municipal improvement considered by jury.
Section 21-35-18 - Compensation determined for each parcel.
Section 21-35-19 - Recording of verdict--Judgment on verdict.
Section 21-35-20 - Appeal to Supreme Court--Improvement not delayed--Security for payment of award.
Section 21-35-21 - Highway provisions not affected--Proceeding cumulative.
Section 21-35-22 - Defendant's expenses paid by plaintiff on dismissal.
Section 21-35-23 - Allowance of expenses where judgment greatly exceeds offer.
Section 21-35-25 - Vesting of title to property and right to compensation.
Section 21-35-26 - Terms of surrender of possession--Notice--Hearing--Orders of court.
Section 21-35-27 - Service of declaration of taking on defendants.
Section 21-35-28 - Amendment of declaration of taking.