49-47-6. Civil actions.
No civil action may be commenced by a dairy producer against an electric utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of §49-47-3, and the commission has issued an order pursuant to §49-47-4 or 49-47-5. In any civil action against a utility for damages or other relief, after the dairy producer has complied with the provisions of §49-47-3, and the commission has issued an order pursuant to §49-47-4 or 49-47-5, the commission's order is admissible in evidence in such civil actions. The dairy producer may commence the civil action not later than one year following the issuance of the commission's final order or one year following the completion of any appeals of the commission's final order, whichever occurs later.
Source: SL 2015, ch 237, §6.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 47 - Stray Electrical Current And Voltage Remediation
Section 49-47-1 - Definitions.
Section 49-47-2 - Promulgation of rules.
Section 49-47-4 - Complaint of failure to comply with chapter--Decision by commission.
Section 49-47-5 - Bad faith or harassment claims.
Section 49-47-6 - Civil actions.