South Dakota Codified Laws 49-34A-65. Bond required when stay or suspension granted–Other security in addition or in lieu–Refund of increase not allowed on appeal
Notwithstanding § 1-26-32, in case an order of the Public Utilities Commission is stayed or suspended, the court shall require a bond with good and sufficient surety, conditioned that the utility or any other party petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission and for all compensation for the difference between whatever sums for transmission or service any person is compelled to pay pending review proceedings and the sum the person or corporation would have been compelled to pay had the commission’s order not been stayed or suspended. The court may, in addition or in lieu of the bond, require other further security for the payment of the excess damages or charges it deems proper. If a party other than a utility appeals from the decision of the commission, the commission may by further order require such utility to refund, with interest, the portion, if any, of an increase which is not allowed by the final decision of the courts after all appeals are concluded.
Terms Used In South Dakota Codified Laws 49-34A-65
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 1975, ch 283, § 47; SL 1981, ch 338.