South Dakota Codified Laws
Chapter 37 - Consumers Power District Powers And Operations
Section 49-37-12 - Private industry prohibited from owning assets of district--Consent of voters--Sale of individual items permitted.

49-37-12. Private industry prohibited from owning assets of district--Consent of voters--Sale of individual items permitted.
Neither by sale under foreclosure, receivership or bankruptcy proceedings, nor by alienation in any other manner, may the property of a consumers power district become the property or come under the control of any private person, firm or corporation engaged in the business of generating, transmitting or distributing electricity for profit, by action of the directors of said district without consent of the voters of the district as expressed by a majority vote at any regular or special election called and held for such purpose. But nothing in this section contained shall prevent the district from selling any individual item of equipment, machinery, supplies or facilities which shall be considered by the directors as surplus, obsolete, or no longer necessary to the operation of the district.

Source: SL 1950 (SS), ch 17, §61; SDC Supp 1960, §52.1760.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 37 - Consumers Power District Powers And Operations

Section 49-37-1 - Usual corporate powers--Power to hold property in conduct of business--Authority to promote district.

Section 49-37-2 - Acquisition or operation of electric plants and systems inside or outside district--Singular or joint operations--Purpose.

Section 49-37-3.1 - Criteria considered in development of power systems--Alternative sources--Board determination as to size of facility.

Section 49-37-4 - Contractual powers--Sale of electrical appliances or equipment prohibited.

Section 49-37-4.1 - Contract to designate party as agent for itself and district--Delegation of contractual powers to agent.

Section 49-37-4.2 - Validation of prior contracts providing for designation of agent.

Section 49-37-4.3 - Cooperation in generation and transmission facilities--Permissible terms of contract.

Section 49-37-5 - Duty to sell at wholesale to municipalities or other political subdivisions.

Section 49-37-6 - Joint action with other districts.

Section 49-37-7 - District as having no power to tax.

Section 49-37-8 - State and other political subdivisions not liable for district's obligations.

Section 49-37-9 - Duty to cause estimates before entering into contract--Joint projects excepted--Minimum number of bids.

Section 49-37-9.1 - Prior joint acts validated despite bid law noncompliance.

Section 49-37-10 - Competitive bidding requirements suspended during emergency.

Section 49-37-11 - Competitive bidding requirements suspended during war.

Section 49-37-12 - Private industry prohibited from owning assets of district--Consent of voters--Sale of individual items permitted.

Section 49-37-13 - Privilege tax levied against district.

Section 49-37-14 - Computation and payment of tax.

Section 49-37-15 - Taxes on districts qualifying as rural electric companies.

Section 49-37-16 - Charges for services--Discrimination prohibited.

Section 49-37-17 - Districts not within jurisdiction of Public Utilities Commission.

Section 49-37-18 - District as franchised to use streets of municipality for transmission lines.

Section 49-37-19 - Contracts with municipality for sale at wholesale--Authority of municipality.

Section 49-37-20 - Other contracts with municipalities--Authority of municipality.

Section 49-37-21 - Districts as works of internal improvement--Applicability of laws respecting internal improvements.

Section 49-37-22 - Just compensation for use of state waters--Amount of compensation.

Section 49-37-23 - Liability of district respecting use of water.

Section 49-37-24 - Investment of district funds--Regulations--Investment officer.

Section 49-37-25 - Indemnification of directors, officers, employees or agents.