49-13-17. Failure to obey order--Application to court for mandamus--Order directing payment of money excepted.
If a commission order is in effect, other than one for payment of money, and a telecommunications company or motor carrier violates or neglects that order, the commission or any interested person or a person injured by the telecommunications company or motor carrier's failure to obey the order or the attorney general may apply to a circuit court of proper jurisdiction, in which the telecommunications company or motor carrier is operating for a writ of mandamus for the enforcement of the commission's order.
Source: SDC 1939, §52.0304; SL 1987, ch 345, §30.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 13 - Procedure On Complaints To Public Utilities Commission
Section 49-13-1.1 - Complaint to commission or suit by private person--Election of remedies.
Section 49-13-4 - Investigation of complaint--Inquiry without complaint.
Section 49-13-5 - Authority of commission on inquiry without complaint.
Section 49-13-6 - Docket--Contents--Index.
Section 49-13-7 - Record--Contents--Transcript of evidence.
Section 49-13-9 - Hearing before any commissioner.
Section 49-13-9.1 - Corporations and business entities may appear without counsel in certain cases.
Section 49-13-14 - Determination of damages--Order directing payment.
Section 49-13-14.2 - Necessity for demand before suit.
Section 49-13-16 - Presumption of validity of order--Burden to prove invalidity.
Section 49-13-18 - Issuance of mandamus or other proper process.
Section 49-13-19 - Enforcement of mandamus or other proper process for failure to obey.
Section 49-13-20 - Money judgment for default in compliance--Disposition of money.
Section 49-13-21 - Recovery of moneys by attachment or execution--Appeal to Supreme Court.
Section 49-13-26 - Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.