S.D. Codified Laws § 21-35-24

Current through the 2024 Legislative Session

Section 21-35-24 - Railroad or gas or electric utility property condemned for coal pipelines-Declaration of taking-Contents

In proceedings initiated under this chapter against corporations, associations, or other entities engaged in the operation of electric utilities, gas utilities, or railroads and when those proceedings are for the purpose of constructing pipelines designed to carry water for the transportation of coal, the petitioner may file any time before final judicial determination of the rights of the parties, a declaration of taking, signed by the petitioner, declaring the extent of the property interest taken for the use of the petitioner. The declaration of taking shall contain:

(1) A statement of the authority under which and the use for which the property interest is taken;

(2) A description of the property interest taken sufficient for identification thereof;

(3) A legal description of the lands subject to the taking;

(4) The name of all persons or entities claiming an interest in the said lands, and a description of the interest claimed by each;

(5) A statement of the sum of money estimated by the acquiring authority to be just compensation for the property interest taken and damaged; and

(6) A detailed appraisal upon which the amount of the petitioner's deposit is based.

SDCL 21-35-24

SL 1983, ch 171, § 1.