South Dakota Codified Laws
Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service
Section 49-34-11.1 - Public utility defined.

49-34-11.1. Public utility defined.
As used in §§49-34-11.1 to 49-34-11.4, inclusive, the term "public utility" means a corporation, its lessees, its trustees and receivers, operating, maintaining or controlling in this state after July 1, 1967, equipment or facilities for the production, generation, transmission or distribution at retail of gas or electric service for the public and in the transmission and distribution using, or having a right to use, public roads, streets, alleys, or other public ways for the purpose of constructing, using, operating or maintaining wires, pipes, conduits or other facilities, which corporation is organized under the provisions of chapter 49-33 or is qualified in accordance with the provisions of §§47-1A-1501 to 47-1A-1532, inclusive, as a foreign corporation authorized to transact business in this state.

Source: SL 1989, ch 402, §2; SL 2005, ch 202, §14.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service

Section 49-34-1 - Use of public way for transmission facilities.

Section 49-34-2 - Construction standards--Obstruction of travel--Repairs.

Section 49-34-3 - Contracts for central heating.

Section 49-34-4 - Acquiring property for accessory facilities--Procedure for condemnation.

Section 49-34-5 - Condemnation of parks or boulevards prohibited.

Section 49-34-6 - Extension of facilities--Branch lines--Designation of route--Filing with secretary of state--Aid authorized.

Section 49-34-7 - Branches to commercial facilities--Condemnation of right-of-way--Maximum length of branch.

Section 49-34-8 - Extension of foreign facilities through state--Local taxation and regulation.

Section 49-34-9 - Power to borrow money and give security--Resolution of board of directors.

Section 49-34-10 - Foreclosure of security--Succession to rights and powers.

Section 49-34-11 - Recordation of security with secretary of state--Effective date of lien--After acquired property.

Section 49-34-11.1 - Public utility defined.

Section 49-34-11.2 - Perfection of security interest in personal property or fixtures of public utility--Filing requirements and effectiveness.

Section 49-34-11.4 - Applicability of uniform commercial code and other laws--Single filing--Compliance with retention requirements.

Section 49-34-12 - Assignment or discharge of security--Recordation with secretary of state--Description of property.

Section 49-34-13 - False meter readings as misdemeanor.

Section 49-34-14 - Overcharging--Civil fine.

Section 49-34-15 - Destruction of facilities as felony.

Section 49-34-16 - Unauthorized or fraudulent connection as misdemeanor--Civil liability unaffected.

Section 49-34-17 - Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.

Section 49-34-18 - Unauthorized use of service--Definitions.

Section 49-34-19 - Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.

Section 49-34-19.1 - Tampering with back flow preventer a misdemeanor.

Section 49-34-20 - Presumptions.

Section 49-34-21 - Remedies additional.