Notwithstanding the provisions of § 49-34A-42, whenever a municipality which owns and operates an electric utility extends its corporate boundaries through annexation or consolidation, such municipality shall either offer to purchase any electric utility properties and service rights within the annexed areas owned by any electric utility, or permit such utility to serve and expand in the annexed area, as provided in this chapter. The municipality shall notify the affected electric utility in writing of the boundaries of the annexed area and shall indicate such area on appropriate maps.
S.D. Codified Laws § 49-34A-49
Municipal offer to purchase electric facilities in annexed area
Applied in 2 court decisions — leading case Willrodt v. Northwestern Public Service Co. (1979)
Most recently applied in Matter of Certain Territorial Elec. Boundaries, Etc. (June 1979)
Source: SL 1975, ch 283, § 42.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.