The inclusion by incorporation, consolidation, or annexation of any part of the assigned service area of an electric utility within the boundaries of any municipality shall not in any respect impair or affect the rights of the electric utility to continue and extend electric service at retail throughout any part of its assigned service area unless a municipality which owns and operates an electric utility elects to purchase the facilities and property of the electric utility as provided in §§ 49-34A-49 to 49-34A-55, inclusive.
S.D. Codified Laws § 49-34A-48
Electric utility's right to continue service in area annexed to municipality
Applied in 2 court decisions — leading case In Re Declaratory Ruling of Northwestern Public Service Co. (1997)
Most recently applied in In Re Declaratory Ruling of Northwestern Public Service Co. (April 1997)
Source: SL 1965, ch 254, § 10; SDCL, § 49-41-9; SL 1970, ch 261, § 10; SL 1975, ch 283, § 41.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.