An Act to prohibit the condemnation of private land for certain non-public purposes.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 49-7-11 be AMENDED:
49-7-11.
All
pipelinesA
company holding
themselves
itself
out to the
general public as being
engaged in the
business of transporting commodities for hire,
by pipeline,
are
is
a common
carriers
carrier
and are
is
not subject to
the
provisions of Title 49this
title, except
as otherwise
provided by
this chapter,
and chapter 49-41B.
Section 2. That chapter 49-7 be amended with a NEW SECTION:
Notwithstanding any other law, a company that is deemed to be a common carrier, as provided for in 49-7-11, is not entitled to exercise the power of eminent domain for the condemnation of land under chapter 21-35, if the reason for the condemnation is the placement and operation of a privately owned pipeline for the principal purpose of transporting carbon dioxide.
Nothing in this section precludes any common carrier from negotiating in good faith with the owner of land and, upon payment of an agreed upon amount, obtaining a temporary or permanent right to use the land for a lawful purpose and in a lawful manner, as permitted by chapter 43-13.