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.