49-32-1      Right-of-way over or under public grounds--Control by public authorities--Acquisition of right-of-way.
49-32-2      Malicious destruction of equipment--Misdemeanor--Civil liability.
49-32-3      Moving structures across or under utility's lines--Notice to utility--Deposit for costs.
49-32-3.1      Required notice to telecommunications company--Planning meeting required.
49-32-3.2      "Wind collector system" defined.
49-32-4      Municipal regulation of movement of buildings or location of equipment.
49-32-5      Minimum height of telecommunications facilities or wires--Violation as petty offense.
49-32-6      Damages not collectible for destruction of facilities or wires under minimum height.
49-32-7      Repealed.
49-32-8      Liability for negligence unaffected.
49-32-9      Repealed.
49-32-10      Overhead high voltage line safety--Definition of terms.
49-32-11      Activities bringing persons or equipment in proximity to high voltage lines prohibited--Violation as misdemeanor.
49-32-12      Storage or maintenance of equipment or structure in proximity to high voltage line prohibited--Violation as misdemeanor.
49-32-13      Warning signs to be posted on cranes and hoisting equipment--Violation as misdemeanor--Separate offenses.
49-32-14      Notice to utility of necessary work in proximity to high voltage line--Protective measures--Violation as misdemeanor.
49-32-15      Repealed.
49-32-16      Activities exempt from high voltage safety requirements.
49-32-17      Liability of violator.
49-32-18      Electric transmission line defined.
49-32-19      Incumbent electric transmission owner defined.
49-32-20      Right of incumbent electric transmission owner to construct and own electric transmission line to electric facilities--Notice--Permit application.

49-32-1. Right-of-way over or under public grounds--Control by public authorities--Acquisition of right-of-way.

The owners of any telecommunications facilities operated in this state are granted the right-of-way over or under lands and real property belonging to the state and the right to use public grounds, streets, alleys and highways in this state, subject to the control by the proper authorities as to which grounds, streets, alleys or highways the lines run over or under, and placement of poles to support the wires. The right-of-way over or under real property in this chapter may be acquired in the same manner and by like proceedings as provided for railroad corporations.

Source: SDC 1939, § 52.1313; SL 1983, ch 341; SL 1987, ch 345, § 85.

49-32-2. Malicious destruction of equipment--Misdemeanor--Civil liability.

It is a Class 2 misdemeanor for any person to maliciously destroy, injure, disconnect, cut, break, ground, or in any manner interfere with telecommunications facilities, a pole, cable, or wire legally erected or strung, or with an underground conduit, subway, or cable or an electrical or other apparatus, appliance, instrument, or machinery of any kind used in the construction or operation of telecommunications facilities or electric plant, line or system used in producing, generating, or transmitting any electric light, heat, or power. In addition to the criminal penalty therefor, such person is liable in damages for any injuries to persons or property resulting therefrom.

Source: SDC 1939, § 13.4520; SL 1983, ch 15, § 126; SL 1987, ch 345, § 86.

49-32-3. Moving structures across or under utility's lines--Notice to utility--Deposit for costs.

Section 49-32-2 does not apply to the lawful moving of any structure along or across any public highway by a person who has used all necessary means to prevent injury to a utility's lines and who:

(1)    Provides no less than forty-eight hours notice, which notice shall be calculated as two working days of the utility, of his intention to move a structure under or across a utility's lines to the nearest managing agent of the utility which owns the lines that must be moved;

(2)    Informs the utility of the approximate time he intends to move the structure under or across the utility's lines; and

(3)    Renders in advance of the move a reasonable deposit to the utility which shall equal the utility's estimated cost of its expenses in moving any lines.

The deposit shall include the utility's reasonable direct costs of all labor, materials and equipment, not including profit or common overhead costs, associated with accommodating the structure move. After the movement of the structure has been completed, the utility shall refund any deposit given in excess of the utility's direct cost incurred in moving its lines or the utility may bill the person moving the structure for the utility's direct cost incurred in excess of the deposit. The utility shall provide the person moving the structure with an itemized estimate when requiring a deposit and an itemized bill accounting for all direct costs after the move has been completed. No utility may charge any cost for monitoring the movement of a structure under its lines if it is not required to remove or lift any utility lines. No utility may require, as a condition precedent to the move, that a mover or the party owning the structure being moved sign a contract which adds terms regarding the movement of the structure inconsistent with this section.

Source: SDC 1939, § 13.4520; SL 1987, ch 345, § 87; SL 1992, ch 329.

49-32-3.1. Required notice to telecommunications company--Planning meeting required.

Any person, any political subdivision of this state, or any other public or private entity, however organized, that constructs, maintains, or operates a wind collector system for the purpose of producing electric energy shall, prior to the conclusion of planning for construction of any such project, notify in writing any telecommunications company having telecommunications facilities located within one mile of the proposed site, according to the records of the one-call notification system established by chapter 49-7A, of the intent to construct and the proposed location of the wind collector system. The telecommunications company shall contact the developer of the wind collector system at the address given in the notice required by this section within thirty days of the notice required by §§ 49-32-3.1 and 49-32-3.2 and request a planning meeting to be held within thirty days of the request with the developer of the wind collector system at a location mutually convenient to both parties. A planning meeting, once properly requested, shall be held and attended by knowledgeable representatives of the parties. If no request for a planning meeting is made, the developer is not required to meet with the telecommunications company. At the meeting the parties may discuss any concerns with the location or engineering design of the wind collector system, including the avoidance of inductive interference associated with the project.

Source: SL 2003, ch 239, § 2.

49-32-3.2. "Wind collector system" defined.

As used in §§ 49-32-3.1 and 49-32-3.2, the term, wind collector system, means all power lines and associated equipment located between the first substation and the wind turbines that collect electricity and transmit it from the wind turbines to the first substation.

Source: SL 2003, ch 239, § 1.

49-32-4. Municipal regulation of movement of buildings or location of equipment.

Nothing in § 49-32-2 or 49-32-3 may be construed to deprive municipalities of the right to regulate by ordinance the moving of buildings, or the location of telecommunications facilities or electric lines or wires within their respective limits.

Source: SDC 1939, § 13.4520; SL 1987, ch 345, § 88; SL 1992, ch 60, § 2.

49-32-5. Minimum height of telecommunications facilities or wires--Violation as petty offense.

It is a petty offense for a person owning or operating telecommunications facilities or electric lines, or any part of such facilities or lines in this state to intentionally extend telecommunications facilities or electric wires, any part of which is less than eighteen feet from the ground, over or across a public highway.

Source: SDC 1939, § 13.1624; SL 1983, ch 15, § 127; SL 1987, ch 345, § 89.

49-32-6. Damages not collectible for destruction of facilities or wires under minimum height.

No person owning or operating any telecommunications facilities or electric lines, or any part of such facilities or lines in this state, may collect damages from any person who cuts, breaks, removes, or otherwise destroys any such telecommunications facilities, or electric wires over or across a public highway if any part of the same is at any time less than eighteen feet from the ground.

Source: SDC 1939, § 13.1624; SL 1987, ch 345, § 90.