No civil action may be commenced by a dairy producer against an electric utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of § 49-47-3, and the commission has issued an order pursuant to § 49-47-4 or 49-47-5. In any civil action against a utility for damages or other relief, after the dairy producer has complied with the provisions of § 49-47-3, and the commission has issued an order pursuant to § 49-47-4 or 49-47-5, the commission’s order is admissible in evidence in such civil actions. The dairy producer may commence the civil action not later than one year following the issuance of the commission’s final order or one year following the completion of any appeals of the commission’s final order, whichever occurs later.

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Terms Used In South Dakota Codified Laws 49-47-6

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Source: SL 2015, ch 237, § 6.