S.D. Codified Laws § 49-41B-43

Current through the 2024 Legislative Session
Section 49-41B-43 - Carbon dioxide pipeline-Indemnity of surface owner-Exception-Government surface owner

An operator of a pipeline facility carrying carbon dioxide shall be liable for all damages resulting from the installation, construction, operation, maintenance, repair, leaks, ruptures, and other failures of the pipeline facility. The operator shall indemnify and hold the surface owner harmless from any loss, claim, or damage resulting from the installation, construction, operation, maintenance, repair, leaks, ruptures, and other failures of the pipeline facility, other than for gross negligence or willful misconduct of the surface owner.

In the event that the surface owner is a county, city, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, the operator's liability and indemnification requirements shall include without limitation the governmental unit's road, bridge, and other infrastructure damages.

SDCL 49-41B-43

SL 2024, ch 189, §10.
Added by S.L. 2024, ch. 189,s. 10, eff. 7/1/2024.