reglab/housing_qa huggingface dataset:
SD Codified L § 49-39-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 39 - Consumers Power District Borrowing And Indebtedness|Section 49-39-6 - Sale of bonds.

49-39-6. Sale of bonds.All bonds of any consumers power district, whether issued to incur new indebtedness, or to refund or refinance existing indebtedness, shall be sold or negotiated for the benefit of the district by the directors in such manner as to them shall appear to be for the advantage, benefit and best interest of the district. Source: SL 1950 (SS), ch 17, §50; SDC Supp 1960, §52.1750; SL 1989, ch 403, §27.
SD Codified L § 49-39-6.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 39 - Consumers Power District Borrowing And Indebtedness|Section 49-39-6.1 - Issuance of variable rate obligations--Authorization by resolution--Scope.

49-39-6.1. Issuance of variable rate obligations--Authorization by resolution--Scope.The issuance of variable rate obligations shall be authorized by resolution, order or ordinance of the board of directors of the district, which resolution, order or ordinance shall fix the maximum amount of obligations to be issued or, if applicable, the maximum principal amount which may be outstanding at any time, the maximum term shall be outstanding, the maximum interest rate to be borne by the obligations, the manner of sale (which may be by either public or private sale), price, form, terms, conditions and the covenants thereof. The resolution, order or ordinance authorizing the issuance of obligations may provide for the designation of a paying agent and registrar for the obligations and may authorize one or more designated officers or employees of the district to act on behalf of the district from time to time in the selling and delivering of obligations authorized and fixing the dates, price, interest rates, interest payment periods and other procedures as may be specified in the resolution, order or ordinance. Obligations may be issued in such form or such denomination, payable at such time or times, in such amount or amounts or installments, at such place or places, in such form, under such terms, conditions and details, in such manner, redeemable prior to maturity at any time or times, bearing no interest, or bearing interest at any rate or rates (either fixed, variable, floating, adjustable, or otherwise, all as determined in accordance with the resolution, order or ordinance providing for the issuance of the obligations which resolution, order or ordinance may provide a formula, index, contract or any other arrangement for the periodic determination of interest rates), not to exceed the maximum net effective interest rate allowed by law and may be signed or otherwise executed in such manner, with manual or facsimile signatures, and with or without a seal, all as shall be specified by the board of directors of the district in the resolution, order or ordinance authorizing the issuance of the obligations. The proceeds received from the sale of obligations may be deposited or invested in any manner and in such obligations as may be specified in the resolution, order, ordinance or other proceedings authorizing the obligations. If any officer or officers whose signatures are on any obligations cease to be such officer or officers before the delivery thereof to the purchaser, the signature or signatures shall nevertheless be valid and sufficient for all purposes and the successor or successors in office of any such officer or officers shall be fully authorized to complete the execution, authentication, or delivery of the obligations to the purchaser or purchasers thereof. Source: SL 1989, ch 403, §28.
SD Codified L § 49-39-6.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 39 - Consumers Power District Borrowing And Indebtedness|Section 49-39-6.2 - Enhancement of security for variable rate obligations--Credit agreements--Payment of costs.

49-39-6.2. Enhancement of security for variable rate obligations--Credit agreements--Payment of costs.The board of directors of the district may enter into credit agreements in conjunction with the issuance, payment, sale, resale, or exchange of obligations to enhance the security for or provide for the payment, redemption, or remarketing of the variable rate obligations and interest on the obligations or to reduce the interest payable on the obligations. The cost to the issuer of the credit agreement may be paid from the proceeds of the sale of the obligations to which the credit agreement relates or from any other source, including revenues of the district that are available for the purpose of paying the obligations and the interest on the obligations or that may otherwise be legally available to make those payments. Source: SL 1989, ch 403, §29.
SD Codified L § 49-39-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 39 - Consumers Power District Borrowing And Indebtedness|Section 49-39-7 - Agreement with bondholders respecting charges for electricity.

49-39-7. Agreement with bondholders respecting charges for electricity.The directors of any district organized under the provisions of chapter 49-35 are authorized to agree with the holders of any such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, as to the rates which such district shall charge and collect for electric energy, or other service, sold by the district. Source: SL 1950 (SS), ch 17, §51; SDC Supp 1960, §52.1751.
SD Codified L § 49-39-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 39 - Consumers Power District Borrowing And Indebtedness|Section 49-39-8 - Pledging revenues to secure federal indebtedness--State not liable.

49-39-8. Pledging revenues to secure federal indebtedness--State not liable.Nothing contained in chapters 49-35 to 49-40, inclusive, shall prevent the district from assigning, pledging, or otherwise hypothecating, its revenues, incomes, receipts or profits to secure the payment of indebtedness to the federal government; provided, that the State of South Dakota shall never pledge its credit or funds, or any part thereof, for the payment of settlement of any indebtedness or obligation whatsoever of any district created under the provisions of chapter 49-35. Source: SL 1950 (SS), ch 17, §60; SDC Supp 1960, §52.1759.
SD Codified L § 49-39-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 39 - Consumers Power District Borrowing And Indebtedness|Section 49-39-9 - Default on bonds--Operation of district by creditors--Priority of payment--Restoration of district to control.

49-39-9. Default on bonds--Operation of district by creditors--Priority of payment--Restoration of district to control.In order to protect and safeguard the security and the rights of the purchasers or holders of revenue debentures, notes, warrants, or other evidences of indebtedness, issued by any consumers power district under this chapter, such district may agree with such purchasers or holders that in the event of default in the payment of interest on, or principal of, any such revenue debentures, notes, warrants, or other evidences of indebtedness, or in the event of default in performance of any duty or obligation of such district in connection therewith, such purchasers or holders, or trustee selected by them, may take possession and control of the business and the property of the district, and proceed to operate the same, and to collect and receive the income thereof, and after paying all necessary and proper operating expenses and all other proper disbursements or liabilities made or incurred, use the surplus, if any there be, of the revenues of the district as follows:(1)In the payment of all outstanding past-due interest on each issue of revenue debentures, notes, warrants, or other evidences of indebtedness, so far as such net revenues will go, and paying pro rata the interest due on each issue thereof when there is not enough to pay in full all of the interest; and(2)If any sums shall remain after the payment of interest as aforesaid, then in the payment of the revenue debentures, notes, warrants, or other evidences of indebtedness, which, by the terms thereof, shall be due and payable on each outstanding issue in accordance with the terms thereof, and paying pro rata when the money available is not sufficient to pay in full.When all legal taxes and charges, and all arrears of interest, and all matured revenue debentures, notes, warrants, or other evidences of indebtedness, have been paid in full, the control of the business and the possession of the property of the district shall then be restored to such district. The privilege herein granted shall be a continuing one as often as the occasion therefor may arise. Source: SL 1950 (SS), ch 17, §62; SDC Supp 1960, §52.1761.
SD Codified L § 49-39-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 39 - Consumers Power District Borrowing And Indebtedness|Section 49-39-10 - Default on bonds--Court appointment of receiver--Authority of receiver to operate district--Discharge of receiver and return of district to control.

49-39-10. Default on bonds--Court appointment of receiver--Authority of receiver to operate district--Discharge of receiver and return of district to control.The board of directors of any consumers power district issuing revenue debentures, notes, warrants, or other evidences of indebtedness, under this chapter, is hereby also authorized and empowered to agree and contract with the purchasers or holders thereof that in the event of default in the payment of interest on, or principal of, any such revenue debentures, notes, warrants, or other evidences of indebtedness, issued, or in the event of default in the performance of any duty or obligation under any agreement by such district, the holder or holders of such revenue debentures, notes, warrants, or other evidences of indebtedness then outstanding shall be entitled as a matter of right, upon application to a court of competent jurisdiction, to have appointed a receiver of the business and property of the district including all tolls, rents, revenues, issues, income, receipts, profits, benefits and additions derived, received or had thereof or therefrom, with power to operate and maintain such business and property, collect, receive and apply all revenue, income and receipts arising therefrom, and prescribe rates, tolls and charges, in the same way and manner as the district might do. Whenever all defaults in the payment of principal of, and interest on, such revenue debentures, notes, warrants, or other evidences of indebtedness, and any other defaults under any agreement made by the district, shall have been made good, such receiver shall be discharged by the court and shall thereupon surrender control of the business and possession of the property in his hands to the district. Source: SL 1950 (SS), ch 17, §63; SDC Supp 1960, §52.1762.
SD Codified L § 49-39-11 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 39 - Consumers Power District Borrowing And Indebtedness|Section 49-39-11 - Pledges of revenues and refunding securities--Validation--Retroactive application.

49-39-11. Pledges of revenues and refunding securities--Validation--Retroactive application.Sections 49-39-2 and 49-39-4 are retroactive and are effective as to any resolution or agreement adopted by any consumers power district with the purchasers or holders of revenue debentures, notes, warrants, bonds or other evidences of indebtedness heretofore or hereafter adopted or entered into pursuant to this chapter. Source: SL 1983, ch 345, §2; SL 1983, ch 346, §2.
SD Codified L § 49-40-2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-2 - Hypothecation of assets permitted.

49-40-2. Hypothecation of assets permitted.If, in order to borrow money, it shall become necessary that a consumers power district mortgage, or otherwise hypothecate, any of its said property or assets to secure the payment of a loan or loans made to it, such district is hereby authorized and empowered to do so. Source: SL 1950 (SS), ch 17, §59; SDC Supp 1960, §52.1758; SL 1975, ch 288.
SD Codified L § 49-40-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-3 - Sale of consumers power district assets.

49-40-3. Sale of consumers power district assets.Any consumers power district may sell any power plant, electric generating plant, electric transmission, or distribution system, or any part thereof, for any sum and upon any terms that the board of directors of the district may consider fair and reasonable. Source: SL 1950 (SS), ch 17, §64; SDC Supp 1960, §52.1763; SL 1983, ch 347, §1; SL 2017, ch 198, §1.
SD Codified L § 49-40-3.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-3.1 - Sale of assets--Retroactive application.

49-40-3.1. Sale of assets--Retroactive application.Section 49-40-3 is retroactive and is effective as to any resolution or agreement adopted by any consumers power district. Source: SL 1983, ch 347, §2.
SD Codified L § 49-40-4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-4 - Right of municipality to purchase portion of assets within boundaries.

49-40-4. Right of municipality to purchase portion of assets within boundaries.Whenever any consumers district shall, as provided in chapters 49-35 to 49-40, inclusive, acquire, by purchase, lease or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any municipality, if any part of such system be within such municipality, such acquisition shall be upon the condition that such municipality may purchase, and such district shall be required to sell to such municipality such electric distribution system, situated within or partly within such municipality, but not within the corporate limits of any other municipality, by paying to such district such sum as is fair and reasonable, including reasonable severance damages. Source: SL 1950 (SS), ch 17, §65; SDC Supp 1960, §52.1764.
SD Codified L § 49-40-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-5 - Inability to agree with municipality on price--Court determination--Basis of determination.

49-40-5. Inability to agree with municipality on price--Court determination--Basis of determination.If any municipality and consumers power district shall fail to agree upon a price and terms for the sale of property to such municipality pursuant to §49-40-4 the procedure for determining such price and terms of sale, and for compelling such sale shall be the same as is provided by chapter 21-35. In determining the amount of severance damages, the court shall take into account, together with other relevant factors, the economic effect, if any, caused by the severance therefrom of the part taken upon the system as a going concern as it will be and remain after the severance. Source: SL 1950 (SS), ch 17, §65; SDC Supp 1960, §52.1764.
SD Codified L § 49-40-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-6 - Allocation of bonded indebtedness as between municipality and other transferee--Terms of court award.

49-40-6. Allocation of bonded indebtedness as between municipality and other transferee--Terms of court award.When the sum that is fair and reasonable shall have been determined as provided in §49-40-5, the court shall deduct therefrom and allow as a credit upon such sum an amount that bears the same proportion to such sum as the amount of the bonds that have been paid, redeemed or liquidated, and the reserves established therefor by said district, out of the earnings from the operation of the district while such municipality was within and a part of such district, bears to the total amount of the bonded indebtedness of such district issued to finance the purchase price and the cost of construction of the entire property of such district. In entering its award the court shall show how much of the total thereof was allowed for the physical property taken and how much was allowed for other values and damages, if any. Source: SL 1950 (SS), ch 17, §65; SDC Supp 1960, §52.1764.
SD Codified L § 49-40-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-8 - Lease or alienation of facilities within municipality.

49-40-8. Lease or alienation of facilities within municipality.If a consumers power district is comprised of territory wholly within the corporate limits of a first or second class municipality then the district shall have power to lease or alienate the franchises, plant or physical equipment of the district to any private person, firm, association or corporation in accordance with the provisions of §§9-39-37 and 9-39-38. Source: SL 1950 (SS), ch 17, §69; SDC Supp 1960, §52.1768; SL 1992, ch 60, §2; SL 2017, ch 198, §3.
SD Codified L § 49-40-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-9 - Petition for dissolution of district--Conditions under which dissolution may be permitted--Notice of dissolution--Contents of notice--Expenses of dissolution.

49-40-9. Petition for dissolution of district--Conditions under which dissolution may be permitted--Notice of dissolution--Contents of notice--Expenses of dissolution.Whenever a petition signed by a majority of the members of the board of directors or by twenty-five or more qualified voters of the state residing within the territorial boundaries of any district organized under and by virtue of chapter 49-35, shall be presented to the circuit court for the county where the principal place of business of the district is located, praying for the dissolution of such district, and it shall appear from the petition that such district has no property of any kind, owes no debts of any kind, that the district is not functioning, has ceased to function, and probably will not function in the future, the court shall forthwith publish a notice for two successive weeks in a legal newspaper of general circulation published in the district, or, if no legal newspaper is published in the district, then in any legal newspaper having general circulation therein, setting forth, in substance and in a clear and concise manner, the nature and prayer of the petition, and setting a time and place for a public hearing by the court upon the petition. The persons filing such petition for dissolution shall advance and pay the necessary expenses incurred. Source: SL 1950 (SS), ch 17, §77; SDC Supp 1960, §52.1776.
SD Codified L § 49-40-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 40 - Consumers Power District Dissolution And Sale Of Assets|Section 49-40-10 - Court hearing and investigation respecting dissolution--Filing order of dissolution with clerk of courts and secretary of state.

49-40-10. Court hearing and investigation respecting dissolution--Filing order of dissolution with clerk of courts and secretary of state.After such hearing and such independent investigation as may be deemed advisable, the court shall grant or reject the prayer of a petition filed pursuant to §49-40-9, and, if the prayer of the petition is granted, the court shall thereupon issue its order declaring the district dissolved and terminated. The order of court shall thereupon be filed in the office of the clerk of courts of the county in which the petition for dissolution is filed, and a certified copy of such order shall immediately be filed in the Office of the Secretary of State, and a certified copy shall be filed in the office of the clerk of courts of each county into which any part of the district may extend. The district shall thereupon be dissolved, and cease to exist. Source: SL 1950 (SS), ch 17, §77; SDC Supp 1960, §52.1776.
SD Codified L § 49-41B-1 (2021)
2021 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.

49-41B-1. Legislative findings--Necessity to require permit for facility.The Legislature finds that energy development in South Dakota and the Northern Great Plains significantly affects the welfare of the population, the environmental quality, the location and growth of industry, and the use of the natural resources of the state. The Legislature also finds that by assuming permit authority, that the state must also ensure that these facilities are constructed in an orderly and timely manner so that the energy requirements of the people of the state are fulfilled. Therefore, it is necessary to ensure that the location, construction, and operation of facilities will produce minimal adverse effects on the environment and upon the citizens of this state by providing that a facility may not be constructed or operated in this state without first obtaining a permit from the commission. Source: SL 1977, ch 390, §2; SL 2005, ch 250, §1.
SD Codified L § 49-41B-2.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-2.1 - Transmission facility defined.

49-41B-2.1. Transmission facility defined.For the purposes of this chapter, a transmission facility is:(1)An electric transmission line and associated facilities with a design of more than one hundred fifteen kilovolts. However, if such a transmission line is less than two thousand six hundred forty feet, does not cross any public highway, and eminent domain is not used to obtain right of way, the transmission line is not a transmission facility for purposes of this chapter; or(2)A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas, liquid hydrocarbons, liquid hydrocarbon products, or carbon dioxide, excluding any gas or liquid transmission lines or associated facilities which meet any of the following criteria:(a)Lines or facilities that are used exclusively for distribution or gathering;(b)Steel pipe and associated facilities that cannot be operated at a hoop stress of twenty percent or more of specified minimum yield strength as defined by 49 CFR 192.3 as of January 1, 2013, or plastic pipe and associated facilities that cannot be operated at a design pressure of fifty percent or more as determined by the formula specified in 49 CFR 192.121 as of January 1, 2013; or(c)Pipe which has nominal diameter of less than four inches and not more than one mile of the entire line is constructed outside of public right-of-way.Nothing in this section precludes a utility from applying to the commission for a permit for the construction of an electric transmission line and associated facilities with a design of one hundred fifteen kilovolts or less. For the purposes of this chapter such electric transmission line and associated facilities is a transmission facility. Source: SL 1994, ch 358, §1; SL 2007, ch 274, §1; SL 2009, ch 243, §2; SL 2009, ch 244, §1; SL 2010, ch 226, §2; SL 2013, ch 237, §2; SL 2017, ch 199, §1.