§ 49-41B-1 Legislative findings–Necessity to require permit for facility
§ 49-41B-2 Definition of terms
§ 49-41B-2.1 Transmission facility defined
§ 49-41B-2.2 Modified facility defined
§ 49-41B-3 Ten-year plan required of utility planning to own or operate energy conversion facilities–Updating of plan–Contents
§ 49-41B-4 Permit required before construction of facility after certain date
§ 49-41B-4.1 Trans-state transmission facility–Permit and legislative approval required
§ 49-41B-4.2 Trans-state transmission line–Criteria required
§ 49-41B-4.3 Seasonal diversity exchange of electric power
§ 49-41B-4.4 Trans-state transmission facility–Eminent domain–Acquisition of fee in land contiguous to right-of-way–Divestiture of agricultural land
§ 49-41B-4.5 Foreclosure on nondivested agricultural land
§ 49-41B-4.6 Corporate ownership of agricultural land
§ 49-41B-4.7 Divestiture of less than fair market value not required
§ 49-41B-5 Notification of intent to apply for permit required before filing application–Time–Prefiling conference if applicant requests
§ 49-41B-5.1 Posting of signs on proposed site–Time for posting–Contents
§ 49-41B-5.2 Notification of area landowners by mail–Time for notification–Copy of application filed with county auditor
§ 49-41B-6 Designation of affected area by commission after notification of intent filed–Local review committee designated, composition
§ 49-41B-7 Assessment by local review committee–Factors included
§ 49-41B-8 Employment of personnel by committee–Expenses–Information furnished by commission
§ 49-41B-9 Financing of committee expenses
§ 49-41B-10 Final report of committee
§ 49-41B-11 Applications for permit–Filing deadline–Form–Contents
§ 49-41B-12 Deposit required–Disposition–Minimum and maximum fees–Environmental impact fee
§ 49-41B-13 Denial, return, or amendment of application–Grounds–Applicant permitted to make changes
§ 49-41B-14 Further data provided prior to hearings if required–Prehearing conference
§ 49-41B-15 Commission procedure following receipt of application for permit
§ 49-41B-16 Public input hearing–Location–Publication of notice
§ 49-41B-17 Parties to proceedings under chapter
§ 49-41B-17.1 County auditor as agent for service of process on party–Request for personal service
§ 49-41B-17.2 Contested case hearing
§ 49-41B-19 Evidence from state or local agencies relative to environmental, social and economic conditions
§ 49-41B-19.1 Public comments on application
§ 49-41B-20 Final report heard by commission at final hearing–Decision on application–Adoption of committee’s report
§ 49-41B-21 Environmental impact statement
§ 49-41B-22 Applicant’s burden of proof
§ 49-41B-22.1 Reapplication for permit–Applicant’s burden of proof–Environmental impact statement not required
§ 49-41B-22.2 Reapplication for permit–Discussion of commission as to applicant’s burden of proof
§ 49-41B-22.3 Reapplication for permit–Deposits and fees required
§ 49-41B-23 Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder
§ 49-41B-24 Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities–Complete findings by commission required within year of application
§ 49-41B-24.1 Extension of deadlines
§ 49-41B-25 Permit for wind or solar energy facility–Time for complete findings by commission–Notice of decision
§ 49-41B-25.1 Notice to commission of planned construction of certain wind energy projects
§ 49-41B-25.2 Wind energy facility to include aircraft detection lighting system
§ 49-41B-26 Accounting for expenditures of applicant’s deposit–Refund of unused moneys
§ 49-41B-27 Construction, expansion, and improvement of facilities
§ 49-41B-28 Supersession of local land use controls by facility permit upon finding by commission
§ 49-41B-29 Transfer of permit–Commission approval–Rules
§ 49-41B-30 Circuit court review of commission decision by aggrieved party–Procedures
§ 49-41B-31 Order not stayed by appeal–Stay or suspension by court
§ 49-41B-32 Surety bond required if order stayed or suspended–Other security
§ 49-41B-33 Revocation or suspension of permit–Grounds
§ 49-41B-34 Violation of permit requirements as misdemeanor–Civil penalty–Continuing offense
§ 49-41B-35 Promulgation of rules
§ 49-41B-36 Authority to route or locate facilities not delegated to commission
§ 49-41B-37 Citation of chapter
§ 49-41B-38 Indemnity bond for damage to roads and bridges
§ 49-41B-39 Financial security for decommissioning of wind turbines or solar facilities

Terms Used In South Dakota Codified Laws > Title 49 > Chapter 41B - Energy Conversion and Transmission Facilities

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Service of process: The service of writs or summonses to the appropriate party.