South Dakota § 49-41B-22 Applicant's burden of proof.

South Dakota Statutes

§ 49-41B-22 — Applicant's burden of proof.

South Dakota § 49-41B-22

Title 49PUBLIC UTILITIES AND CARRIERS

Ch. 49-41AENERGY CONVERSION AND TRANSMISSION FACILITIES

This text of South Dakota § 49-41B-22 (Applicant's burden of proof.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 49-41B-22 (2026).

Text

The applicant has the burden of proof to establish by a preponderance of the evidence that:

(1)The proposed facility will comply with all applicable laws and rules;

(2)The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is determined not to threaten the social and economic condition of inhabitants or expected inhabitants in the siting area;

(3)The facility will not substantially impair the health, safety or welfare of the inhabitants; and (4) The facility will not unduly interfe

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The applicant has the burden of proof to establish by a preponderance of the evidence that: (1) The proposed facility will comply with all applicable laws and rules; (2) The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is determined not to threaten the social and economic condition of inhabitants or expected inhabitants in the siting area; (3) The facility will not substantially impair the health, safety or welfare of the inhabitants; and (4) The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is in compliance with this subdivision.

Citizens and Landowners Against the Miles City/new Underwood Powerline Joseph D. Bruch, Floyd A. Cammack Anthony H. Bruch Henry Bruch, Rex Schreckenghaust, South Dakota Public Utilities Commission v. Secretary, United States Department of Energy, in His Official Capacity Golden Area Manager, Western Area Power Administration, in His Official Capacity Billings Area Manager, Western Area Power Administration in His Official Capacity, Grand Electric Cooperative, Inc., Citizens and Landowners Against the Miles City/new Underwood Powerline Joseph D. Bruch, Floyd A. Cammack Anthony H. Bruch Henry Bruch, Rex Schreckenghaust, South Dakota Public Utilities Commission v. Secretary, United States Department of Energy, in His Official Capacity Golden Area Manager, Western Area Power Administration, in His Official Capacity Billings Area Manager, Western Area Power Administration, in His Official Capacity Grand Electric Cooperative, Inc.

683 F.2d 1171 (Eighth Circuit, 1982)

11 case citations

Christenson v. Crowned Ridge Wind, LLC

2022 S.D. 46 (South Dakota Supreme Court, 2022)

2 case citations

In re Nebraska Public Power District for a Permit to Construct & Operate the Proposed Mandan Nominal 500 Ky Transmission Facility

354 N.W.2d 713 (South Dakota Supreme Court, 1984)

2 case citations

In Re Otter Tail Power Co. Ex Rel. Big Stone II

2008 SD 5 (South Dakota Supreme Court, 2008)

2 case citations