South Dakota Codified Laws
Chapter 41B - Energy Conversion And Transmission Facilities
Section 49-41B-32 - Surety bond required if order stayed or suspended--Other security.

49-41B-32. Surety bond required if order stayed or suspended--Other security.
If an order of the Public Utilities Commission is stayed or suspended the court shall require a bond with good and sufficient surety, conditioned that the party or parties petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission. The court may in addition or in lieu of the bond, require other further security for the payment of such excess damages or charges it deems proper.

Source: SL 1977, ch 390, ยง25.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 41B - Energy Conversion And Transmission Facilities

Section 49-41B-1 - Legislative findings--Necessity to require permit for facility.

Section 49-41B-2 - Definition of terms.

Section 49-41B-2.1 - Transmission facility defined.

Section 49-41B-2.2 - Modified facility defined.

Section 49-41B-3 - Ten-year plan required of utility planning to own or operate energy conversion facilities--Updating of plan--Contents.

Section 49-41B-4 - Permit required before construction of facility after certain date.

Section 49-41B-4.1 - Trans-state transmission facility--Permit and legislative approval required.

Section 49-41B-4.2 - Trans-state transmission line--Criteria required.

Section 49-41B-4.3 - Seasonal diversity exchange of electric power.

Section 49-41B-4.4 - Trans-state transmission facility--Eminent domain--Acquisition of fee in land contiguous to right-of-way--Divestiture of agricultural land.

Section 49-41B-4.5 - Foreclosure on nondivested agricultural land.

Section 49-41B-4.6 - Corporate ownership of agricultural land.

Section 49-41B-4.7 - Divestiture of less than fair market value not required.

Section 49-41B-5 - Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests.

Section 49-41B-5.1 - Posting of signs on proposed site--Time for posting--Contents.

Section 49-41B-5.2 - Notification of area landowners by mail--Time for notification--Copy of application filed with county auditor.

Section 49-41B-6 - Designation of affected area by commission after notification of intent filed--Local review committee designated, composition.

Section 49-41B-7 - Assessment by local review committee--Factors included.

Section 49-41B-8 - Employment of personnel by committee--Expenses--Information furnished by commission.

Section 49-41B-9 - Financing of committee expenses.

Section 49-41B-10 - Final report of committee.

Section 49-41B-11 - Applications for permit--Filing deadline--Form--Contents.

Section 49-41B-12 - Deposit required--Disposition--Minimum and maximum fees--Environmental impact fee.

Section 49-41B-13 - Denial, return, or amendment of application--Grounds--Applicant permitted to make changes.

Section 49-41B-14 - Further data provided prior to hearings if required--Prehearing conference.

Section 49-41B-15 - Commission procedure following receipt of application for permit.

Section 49-41B-16 - Public input hearing--Location--Publication of notice.

Section 49-41B-17 - Parties to proceedings under chapter.

Section 49-41B-17.1 - County auditor as agent for service of process on party--Request for personal service.

Section 49-41B-17.2 - Contested case hearing.

Section 49-41B-19 - Evidence from state or local agencies relative to environmental, social and economic conditions.

Section 49-41B-19.1 - Public comments on application.

Section 49-41B-20 - Final report heard by commission at final hearing--Decision on application--Adoption of committee's report.

Section 49-41B-21 - Environmental impact statement.

Section 49-41B-22 - Applicant's burden of proof.

Section 49-41B-22.1 - Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required.

Section 49-41B-22.2 - Reapplication for permit--Discussion of commission as to applicant's burden of proof.

Section 49-41B-22.3 - Reapplication for permit--Deposits and fees required.

Section 49-41B-23 - Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.

Section 49-41B-24 - Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities--Complete findings by commission required within year of application.

Section 49-41B-24.1 - Extension of deadlines.

Section 49-41B-25 - Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.

Section 49-41B-25.1 - Notice to commission of planned construction of certain wind energy projects.

Section 49-41B-25.2 - Wind energy facility to include aircraft detection lighting system.

Section 49-41B-26 - Accounting for expenditures of applicant's deposit--Refund of unused moneys.

Section 49-41B-27 - Construction, expansion, and improvement of facilities.

Section 49-41B-28 - Supersession of local land use controls by facility permit upon finding by commission.

Section 49-41B-29 - Transfer of permit--Commission approval--Rules.

Section 49-41B-30 - Circuit court review of commission decision by aggrieved party--Procedures.

Section 49-41B-31 - Order not stayed by appeal--Stay or suspension by court.

Section 49-41B-32 - Surety bond required if order stayed or suspended--Other security.

Section 49-41B-33 - Revocation or suspension of permit--Grounds.

Section 49-41B-34 - Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.

Section 49-41B-35 - Promulgation of rules.

Section 49-41B-36 - Authority to route or locate facilities not delegated to commission.

Section 49-41B-37 - Citation of chapter.

Section 49-41B-38 - Indemnity bond for damage to roads and bridges.

Section 49-41B-39 - Financial security for decommissioning of wind turbines or solar facilities.