South Dakota § 49-40-5 - Inability to agree with municipality on price--Court determination--Basis of determination.
Full text of South Dakota South Dakota Codified Laws § 49-40-5 — Inability to agree with municipality on price--Court determination--Basis of determination., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 49-40-5
What does South Dakota Codified Laws § 49-40-5 cover?
Section 49-40-5 ("Inability to agree with municipality on price--Court determination--Basis of determination.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 49-40-5?
A common citation format is "South Dakota Codified Laws § 49-40-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 49-40-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.