§ 9-47-23 — Election of municipality to provide service after previously declining--Requirements of purchase.

South Dakota § 9-47-23

• Jurisdiction: South Dakota
• Title 9: MUNICIPAL GOVERNMENT
• Ch. 9-44: WATER SUPPLY SYSTEMS

Text

If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to § 9-47-22 , and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be the present day reproduction cost, new, of the facilities being acquired, less depreciation computed on a thirty - year straight - line basis, plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the rural water system after detaching the portion to be sold; plus as compensation for service rights, an annual amount, payable each year for a period of five years, equal to the sum of five percent of the gross revenues received from the sale of water service to such person during the five - year period. Gross revenues received shall be determined by applying the rate in effect by the purchased rural water system at the time of purchase.

Legislative History

SL 1989, ch 387, § 2; SL 1994, ch 72.