An Act to require notice and compensation prior to entry upon private land for the purpose of causing an examination and survey.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 21-35-31 be AMENDED:
21-35-31.
The
provisions of thisThis
section applies
only apply
to a
project whichthat
requires a
siting permit pursuant to chapter 49-41B.Each
A person
vested with authority to take private property for public use may
cause an
a
visual examination
and a
location and topographical survey
to be made,
as necessary,
for its
proposed
facilities.
The person or the person's agents
and officers may enter the
private
property for the purpose of the examination and survey.
Any person seeking to cause an
examination or survey, where
if
permission for
an examination
or survey has been denied, shall:
(1) Have filed a siting permit application with the Public Utilities Commission, pursuant to 49-41B-11;
(2) Give
thirty days written notice, including the filing and expected dates
of entry,Provide
to the owner,
and any tenant in possession of the private property,
thirty days' written notice that complies with the service
requirements set forth in 15-6-4, and includes:
(a) The anticipated date of entry; and
(b) 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
(3) Make a
an
initial payment
to the owner, orin
the amount of five hundred dollars, as compensation for entering the
owner's property, and
provide sufficient securityfor
to
ensure the
payment,
of additional compensation
for any actual damage done to the property by the entry.
This section does not apply to
the state or its
any
political
subdivisions
subdivision of the state.
This section is in addition to and not in derogation of any other existing law.