South Dakota Codified Laws
Chapter 32 - Telephone, Telegraph And Electric Lines
Section 49-32-20 - Right of incumbent electric transmission owner to construct and own electric transmission line to electric facilities--Notice--Permit application.

49-32-20. Right of incumbent electric transmission owner to construct and own electric transmission line to electric facilities--Notice--Permit application.
Any incumbent electric transmission owner may construct, own, and maintain an electric transmission line that connects to facilities owned by the incumbent electric transmission owner. The right to construct, own, and maintain an electric transmission line that connects to facilities owned by two or more incumbent electric transmission owners belongs individually and proportionally to each incumbent electric transmission owner, unless otherwise agreed in writing. If an electric transmission line has been approved for construction in a federally registered planning authority transmission plan, the incumbent electric transmission owner may give notice to the commission, in writing, within ninety days of approval, of its intent to construct, own, and maintain the electric transmission line. If no notice is provided, the incumbent electric transmission owner shall surrender its first right to construct, own, and maintain the electric transmission line. Within eighteen months after the notice, the incumbent electric transmission owner shall file an application for a permit in accordance with chapter 49-41B.

Source: SL 2011, ch 208, ยง3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 32 - Telephone, Telegraph And Electric Lines

Section 49-32-1 - Right-of-way over or under public grounds--Control by public authorities--Acquisition of right-of-way.

Section 49-32-2 - Malicious destruction of equipment--Misdemeanor--Civil liability.

Section 49-32-3 - Moving structures across or under utility's lines--Notice to utility--Deposit for costs.

Section 49-32-3.1 - Required notice to telecommunications company--Planning meeting required.

Section 49-32-3.2 - "Wind collector system" defined.

Section 49-32-4 - Municipal regulation of movement of buildings or location of equipment.

Section 49-32-5 - Minimum height of telecommunications facilities or wires--Violation as petty offense.

Section 49-32-6 - Damages not collectible for destruction of facilities or wires under minimum height.

Section 49-32-8 - Liability for negligence unaffected.

Section 49-32-10 - Overhead high voltage line safety--Definition of terms.

Section 49-32-11 - Activities bringing persons or equipment in proximity to high voltage lines prohibited--Violation as misdemeanor.

Section 49-32-12 - Storage or maintenance of equipment or structure in proximity to high voltage line prohibited--Violation as misdemeanor.

Section 49-32-13 - Warning signs to be posted on cranes and hoisting equipment--Violation as misdemeanor--Separate offenses.

Section 49-32-14 - Notice to utility of necessary work in proximity to high voltage line--Protective measures--Violation as misdemeanor.

Section 49-32-16 - Activities exempt from high voltage safety requirements.

Section 49-32-17 - Liability of violator.

Section 49-32-18 - Electric transmission line defined.

Section 49-32-19 - Incumbent electric transmission owner defined.

Section 49-32-20 - Right of incumbent electric transmission owner to construct and own electric transmission line to electric facilities--Notice--Permit application.