Copied/Pasted from Julie Korth/South Dakota Grassroots Conservative Republicans:

From the SD Freedom Caucus

Leadership duels with Legislators over Property Rights

The battle is to allow carbon pipeline easements or protect private property.
South Dakota May Be The Last Stand Against The Green Agenda
The big fight of the 2024 South Dakota Legislative Session is here, and that big fight is surrounding the property rights factors related to the Green Agenda and the Summit Carbon Solutions CO2 pipeline.
The South Dakota Freedom Caucus has resolved to protect property rights and help our colleagues push back against the out-of-state forces seeking to push their rent-seeking, tax-credit harvesting, Green Agenda on South Dakota landowners.
To that end, the first round of legislation has been introduced and will be considered in the House over the next couple weeks.
This is likely just the first wave of bills on this issue (on both sides).
Further updates will be issued as warranted.
We do know that there are bills to further protect property rights, as well as bills from the supporters of the CO2 pipelines attempting to breakdown property rights and weaken the ability of counties to utilize their zoning powers without the state’s Public Utility Commission over-riding their decisions.
Leadership brings a compromise bill:
House Bill 1185 adds requirements necessary in order for a private company to access land to do survey work:
  • Require a pending or approved siting permit;
  • Issue a notice to the landowner, with 30-days notice that includes:
(a) A description of the specific portions of property to be examined and surveyed;
(b) The anticipated date and time of entry;
(c) The anticipated duration of presence on the property;
(d) A description of the types of surveys and examinations that will be conducted; and (e) The name and contact information of the person, or the person’s agent or officer, who will enter the property for the purpose of causing the examination and survey; and
Make a one-time payment to the owner, or prior to entry, in the amount of five hundred dollars as compensation for entering the owner’s property and provide sufficient security for the payment,of additional compensation for any actual damage done to the property by the entry.
HB 1185 also states
“A landowner may challenge the right to survey or examine by commencing an action in circuit court in the county where the survey or examination is proposed within thirty days of service of the written notice in circuit court. Upon the written request of the owner, the results of a survey or examination of the owner’s private property conducted pursuant to this section must be provided to the owner.”
HB 1185 is similar to HB 1079 that was already defeated this session, with one big difference: the Republican Majority leaders in both chambers have signed onto to HB 1185 as prime sponsors, greatly enhancing its chances of passage.
Dangerous bill may erode property rights:
House Bill 1186 states that “carbon pipeline easements” shall be treated the same as all other easements.
One critical provision of the bill is that quote:
“Any carbon pipeline easement runs with the land benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed fifty years. Any carbon pipeline easement is void if no transportation of carbon dioxide associated with the easement has occurred within five years after the effective date of the easement.”
These limits partially address some concerns about “perpetual” or “99 year” easements being bought and sold as a commodity itself.
The bill also creates an annual payment/royalty for landowners:
“Payments associated with the granting or continuance of any carbon pipeline easement must be made on an annual basis to the owner of record of the real property and must include a payment of at least one dollar per linear foot of carbon pipeline on the property, payable each year the pipeline is engaged in actual transportation of carbon dioxide. “
Much like HB 1185, this too is prime-sponsored by House and Senate leadership, giving it a good chance of passage.
Legislators’ bills protecting property rights:
House Bill 1190 sets new terms for condemnation proceedings related to executing eminent domain powers. It requires new items to be filed with the courts:
  • Include a description of the good faith efforts put forth by the condemnor to 21 negotiate with the landowner and purchase the property prior to filing the petition
  • Include a detailed description of the public use, as defined in section 5 of this Act, 25 that necessitates the taking or damaging of the property
It also itemizes what a “public use” can be considered. The list included 69 separate allowances, which can be read in the introduced bill. Not on the itemized list, CO2 pipelines.
HB 1190 also specifically states that:
“An economic development effort or other undertaking, which is designed to increase the tax base, increase tax revenues, increase employment, or improve general economic well-being, is not sufficient to constitute a public use, unless the effort or undertaking also meets one of the requirements set forth in this section. “
Better protection than compromise bill above:
House Bill 1193 requires a fully approved permits to be issued by the Public Utilities Commission prior to survey or examination work beginning.
What can you do now?
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