49-34-19. Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.
A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts any of the following acts resulting in damages to the utility, namely: bypassing, tampering or unauthorized metering. In addition, a utility may bring a civil action for damages pursuant to this section against any person who knowingly receives utility service through means of bypassing, tampering or unauthorized metering. An action brought pursuant to this section shall be commenced within three years after the cause of action accrues. In any civil action brought pursuant to this section, the utility shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to recover as damages three times the amount of the actual damages plus all reasonable expense and costs incurred on account of the bypassing, tampering or unauthorized metering, including but not limited to, costs and expenses for investigation, disconnection, reconnection, service calls, employees and equipment, expert witness fees, costs of trial and reasonable attorney's fees as allowed by the court. If a defendant in a civil action brought pursuant to §§49-34-18 to 49-34-21, inclusive, prevails, the court shall award costs to the defendant.
Source: SL 1985, ch 375, §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.