If any tax assessment or tax assessed or levied originally and directly by the Department of Revenue is adjudged illegal and nonenforceable, or set aside by any court of competent jurisdiction, the secretary of revenue, whether any part of the taxes assessed or levied has been paid or not, shall reascertain and redetermine the fair market value of all the taxable property of the utility.
S.D. Codified Laws § 10-38-14
Secretary to redetermine tax when set aside by court
Applied in 3 court decisions — leading case Chicago, Milwaukee, St. Paul and Pacific Railroad v. Board of Commissioners (1976)
Most recently applied in Burlington Northern Railroad v. Circuit Court, Seventh Judicial Circuit, Fall River County (March 1993)
Source: SL 1939, ch 281, § 1; SDC Supp 1960, § 57.0207; SL 1994, ch 73, § 38; SL 1997, ch 61, § 12; SL 2003, ch 272 (Ex
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.