An Act to require property owner permission or a siting permit prior to entry for 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 which
that
requires a
siting permit pursuant to chapter 49-41B.
Each person vested with
the authority
to take private property for public use may
cause an examination and 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
causing an
examination and survey.
Any person seeking to cause an examination or survey, where
permission for examination or survey has been denied, shall,
provided the person:
(1) HaveHas
filed a siting permit application with the Public Utilities
Commission pursuant to 49-41B-11;
(2) GiveHas
given to the owner and any tenant in possession of the private
property at least
thirty days written notice,
including the filing and
of the expected
dates of entry,
to the owner and any tenant in possession of the private property
and included with the notice a copy of the siting permit application;
and
(3) MakeMade
a payment to the owner, or
provide
provided
sufficient security for the payment, for any actual damage done to
the property by the entry;
and
(4) Obtained, from the property owner, written consent for the entry at the appointed date and time.
If the person fails to meet any criteria set forth in this section, the person may not enter the private property for the purpose of causing an examination and survey unless the commission has issued a siting permit and the payment or security specified in subdivision (3) has been provided to the property owner.
This section does not apply to
the state or its political subdivisions.
This section is in addition to and not in derogation of other
existing law.