South Dakota Statutes

§ 9-35-3 — Grant of franchise subject to approval by voters--Exception.

South Dakota § 9-35-3
JurisdictionSouth Dakota
Title 9MUNICIPAL GOVERNMENT
Ch. 9-34CARRIER AND UTILITY FRANCHISES AND REGULATION

This text of South Dakota § 9-35-3 (Grant of franchise subject to approval by voters--Exception.) 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 § 9-35-3 (2026).

Text

The governing body may not grant a franchise to any public utility authorizing it to occupy any of the streets, alleys, or public places of the municipality without submitting the proposition of issuing such franchise to a vote of the voters thereof at a general or special election called for the purpose. However, no franchise election is required when granting a franchise to a natural gas utility which is regulated by the Public Utilities Commission.

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Related

Aberdeen Cable TV Service, Inc. v. City of Aberdeen
176 N.W.2d 738 (South Dakota Supreme Court, 1970)
16 case citations
City of Brookings v. Brookings Lake Telephone Co.
177 N.W.2d 489 (South Dakota Supreme Court, 1970)
5 case citations

Legislative History

SL 1913, ch 119, § 123; RC 1919, § 6248; SL 1921, ch 310; SDC 1939, § 45.1006; SL 1986, ch 79.

Nearby Sections

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Bluebook (online)
South Dakota § 9-35-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/9-35-3.