49-34-17. Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.
Any two or more persons who own or intend to own, jointly, by partnership interest, or as tenants in common any property used or to be used in whole or in part for the generation, transmission or distribution of electricity, or for the production, gathering, storage, processing, transmission or distribution of manufactured or natural gas, in each case for the ultimate public consumption, may enter into agreements waiving their respective rights to the partition of such property or otherwise restricting the alienation thereof for a period of time ending not later than the abandonment of the use of such property, and without limiting the generality of the foregoing, such agreements shall not be invalid or unenforceable as violating any rule of law against perpetuities or suspension of the power of alienation of the title to the property.
This section shall apply to agreements entered into prior to, as well as subsequent to, the effective date of this section.
Source: SL 1972, ch 251, ยงยง1, 2.
Structure 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 49-34-8 - 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 49-34-11.1 - Public utility defined.
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 49-34-18 - Unauthorized use of service--Definitions.
Section 49-34-19.1 - Tampering with back flow preventer a misdemeanor.