49-34-20. Presumptions.
There is a rebuttable presumption that a tenant or occupant of any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the tenants or occupant had controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist, and if the tenant or occupant was responsible or partially responsible for payment to the utility or to any other person for utility services provided for the premises. There is a rebuttable presumption that a utility customer at any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist.
Source: SL 1985, ch 375, ยง3.
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.