49-40-4. Right of municipality to purchase portion of assets within boundaries.
Whenever any consumers district shall, as provided in chapters 49-35 to 49-40, inclusive, acquire, by purchase, lease or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any municipality, if any part of such system be within such municipality, such acquisition shall be upon the condition that such municipality may purchase, and such district shall be required to sell to such municipality such electric distribution system, situated within or partly within such municipality, but not within the corporate limits of any other municipality, by paying to such district such sum as is fair and reasonable, including reasonable severance damages.
Source: SL 1950 (SS), ch 17, §65; SDC Supp 1960, §52.1764.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 40 - Consumers Power District Dissolution And Sale Of Assets
Section 49-40-2 - Hypothecation of assets permitted.
Section 49-40-3 - Sale of consumers power district assets.
Section 49-40-3.1 - Sale of assets--Retroactive application.
Section 49-40-4 - Right of municipality to purchase portion of assets within boundaries.
Section 49-40-8 - Lease or alienation of facilities within municipality.