§ 49-34-19 Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.

SD Codified L § 49-34-19 (2019) (N/A)

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49-34-19. Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs. A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts any of the following acts resulting in damages to the utility, namely: bypassing, tampering or unauthorized metering. In addition, a utility may bring a civil action for damages pursuant to this section against any person who knowingly receives utility service through means of bypassing, tampering or unauthorized metering. An action brought pursuant to this section shall be commenced within three years after the cause of action accrues. In any civil action brought pursuant to this section, the utility shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to recover as damages three times the amount of the actual damages plus all reasonable expense and costs incurred on account of the bypassing, tampering or unauthorized metering, including but not limited to, costs and expenses for investigation, disconnection, reconnection, service calls, employees and equipment, expert witness fees, costs of trial and reasonable attorney's fees as allowed by the court. If a defendant in a civil action brought pursuant to §§ 49-34-18 to 49-34-21, inclusive, prevails, the court shall award costs to the defendant.

Source: SL 1985, ch 375, § 2.

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§ 49-34-18 Unauthorized use of service--Definitions.

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§ 49-34-19.1 Tampering with back flow preventer a misdemeanor.