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Ag groups seek landowner rights compromise
Two South Dakota ag groups want to see the state legislature compromise on eminent domain.
House Bill 1052 would add a new section to existing right-of-way carrier law preventing the use of eminent domain for pipelines carrying carbon oxide. Eminent domain is getting attention in South Dakota as the Summit Carbon Solutions pipeline is being considered.
South Dakota Farm Bureau and South Dakota Corn Growers Association say pipeline companies should be required to get voluntary easements for at least two-thirds of a project before eminent domain is used.
SDFB President Scott VanderWal says the compromise balances new markets with landowner rights.
“Our organization is very focused on private property rights. And a lot of people would say ‘well, you have to defend private property rights by saying we shouldn’t use eminent domain for it.’ But what about the people who want to sign an easement to let the pipeline go across their property? They have property rights, too.”
SDCGA Vice President Trent Kubik says he’s interested to see how lawmakers respond.
“We do feel there are lawmakers looking for a compromise and from our viewpoint, we feel this is a good one.”
Not all lawmakers are willing to adjust their stance. South Dakota House Ag Committee Chair Marty Overweg says South Dakotans made themselves clear in November and he isn’t willing to compromise on eminent domain percentage of the bill.
“The people of South Dakota do not want this pipeline and they don’t want eminent domain for this pipeline. They spoke out very clear,” says Overweg.
South Dakota Governor Larry Rhoden told reporters on Wednesday he is aware ag groups are asking for a compromise, but hasn’t been part of the discussion.
VanderWal says even if lawmakers approve the bill as written, the pipeline project could reroute and find additional ways to get what’s needed for the project, but the future of the carbon pipeline is unclear.
“The whole project depends on South Dakota at this point,” says VanderWal.
In a statement, Summit Carbon Solutions tells Brownfield they’ve partnered with more than 500 South Dakota landowners and made route adjustments responding to input from stakeholders and regulatory bodies.
The company resubmitted a permit application for the project with the South Dakota Public Utilities Commission in late 2024.
The South Dakota’s Senate State Affairs Committee is expected to review the bill in the next two weeks.
Read Comment in Article:
“South Dakota Farm Bureau and South Dakota Corn Growers Association say pipeline companies should be required to get voluntary easements for at least two-thirds of a project before eminent domain is used.
SDFB President Scott VanderWal says the compromise balances new markets with landowner rights.
“Our organization is very focused on private property rights. And a lot of people would say ‘well, you have to defend private property rights by saying we shouldn’t use eminent domain for it.’ But what about the people who want to sign an easement to let the pipeline go across their property? They have property rights, too.””
Yes Landowners have rights and it is Never ok to Trample on those rights. Having a two third clause in law to me says it’s okay to steal land from 1/3 of the landowners to pacify those that wish to sign and the greedy corporations!
ABSOLUTELY NOT – It should be 100% voluntary easement! Period.
For those that want to sign, have at it! I wish to stand with that landowners that said a resounding NO!
See: https://rumble.com/v6msylx-nazario-at-scsiuc-informational-mtg.html
Never Ok to Trample!!!