An Act to establish public use criteria for purposes of condemnation proceedings.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 21-35-1 be AMENDED:
21-35-1.
In
all cases where anyAny
person,
group, or corporation, public or private, including the owners of
water rights, ditches, flumes, reservoirs, and mining property under
the provisions of the laws of Congress,
invested with the privilege of taking or damaging private property
for public use,
in making, constructing, repairing, or using any work or improvement
as allowed by
law,
shall determine
must,
in order to
exercise such
that privilege,
it shall
file a petition in the circuit court for the county in which the
property to be taken or damaged is situated, praying that the just
compensation to be made for
such
the property
may be ascertained by a jury.
Section 2. That 21-35-2 be AMENDED:
21-35-2.
A petition filed
pursuant to 21-35-1
shall name
must:
(1) Name
the person,
group, or corporation
desiring to take or damage private property as plaintiff,
and;
(2) Name
all persons having interest in or liens upon the property affected by
the proceeding as defendants, so far as they
shall be
are known at
the time of filing
the same. It shall contain;
(3) Include
a description of the property to be taken or damaged.
The purpose for;
(4) Include a description of the good faith efforts put forth by the condemnor to negotiate with the landowner and purchase the property prior to filing the petition;
(5) Set
forth the statutory authorization under
which the property is to be taken or damaged
shall be clearly set forth in the petition;
and
(6) Include a detailed description of the public use, as defined in section 5 of this Act, that necessitates the taking or damaging of the property.
It
shall
is not
be
necessary to specify the interests or claims of the several
defendants in the
land or
property affected by the proceeding.
Section 3. That 21-35-10.1 be AMENDED:
21-35-10.1.
Within thirty days
from the date the summons described in 21-35-9
is served, the defendant may demand a hearing in circuit court on the
petitioner's right to take.
Failure
the private property. The defendant's failure
to make
such
the demand or
to
the
defendant's written consent
in writing
to the taking, within the thirty day period,
shall constitute
constitutes a
waiver of the
defendant's
right to question the
necessity of the taking
existence of authorization for the taking, and the public use for
which the property is to be taken.
The
A
finding
of necessity by the plaintiff
by the court that the taking is a public use,
unless based upon fraud, bad faith, or an abuse of discretion,
shall be
is
binding on all persons.
Section 4. That chapter 21-35 be amended with a NEW SECTION:
For purposes of this chapter, the taking or damaging of private property is declared to be a public use if it meets the criteria set forth in section 5 of this Act and is:
(1) Authorized by the government of the United States;
(2) Authorized by the Legislature of this state;
(3) Exercised by the Bureau of Information and Telecommunications in accordance with chapter 1-13;
(4) Exercised by the Department of Corrections in accordance with chapter 1-15;
(5) Exercised by the South Dakota Health and Educational Facilities Authority in accordance with chapter 1-16A;
(6) Exercised by the South Dakota Ellsworth Development Authority in accordance with chapter 1-16J;
(7) Exercised by the governing body of any county or municipality for the acquisition of historic easements, in accordance with chapter 1-19B;
(8) Exercised by the Department of Human Services in accordance with chapter 1-36A;
(9) Exercised by the South Dakota Building Authority in accordance with chapter 5-12;
(10) Exercised by the South Dakota Capitol Complex Restoration and Beautification Commission in accordance with chapter 5-15;
(11) Exercised by a board of county commissioners in accordance with chapter 7-18;
(12) Exercised by a board of county commissioners in accordance with chapter 7-25;
(13) Exercised by an improvement district in accordance with chapter 7-25A;
(14) Exercised by a board of county commissioners in accordance with chapter 7-29;
(15) Exercised by a board of township supervisors in accordance with chapter 8-2;
(16) Exercised by the governing board of a municipality in accordance with chapter 9-12;
(17) Exercised by the governing board of a municipality in accordance with chapter 9-27;
(18) Exercised by the governing board of a municipality in accordance with chapter 9-32;
(19) Exercised by the governing board of a municipality in accordance with chapter 9-36;
(20) Exercised by the governing board of a municipality in accordance with chapter 9-38;
(21) Exercised by a municipal power agency in accordance with chapter 9-41A;
(22) Exercised by the governing board of a municipality in accordance with chapter 9-47;
(23) Exercised by the governing board of a municipality in accordance with chapter 9-48;
(24) Exercised by the governing board of a municipality in accordance with chapter 9-51;
(25) Exercised by a municipal housing and redevelopment commission in accordance with chapter 11-7;
(26) Exercised by the governing board of a municipality in accordance with chapter 11-8;
(27) Exercised by the governing board of a municipality in accordance with chapter 11-9;
(28) Exercised by a political subdivision in accordance with chapter 11-14;
(29) Exercised by the board of a school district in accordance with chapter 13-24;
(30) Exercised by the Board of Regents in accordance with chapter 13-51;
(31) Exercised by the Board of Regents in accordance with chapter 13-51A;
(32) Exercised by highway authorities of the state, counties, or municipalities in accordance with chapter 31-8;
(33) Exercised by the Department of Transportation in accordance with chapter 31-10;
(34) Exercised by the highway authority charged with the construction, reconstruction, or repair of a public highway along a section line in accordance with chapter 31-18;
(35) Exercised by the Department of Transportation in accordance with chapter 31-19;
(36) Exercised by the owner of an isolated tract of land containing at least ten acres not touched by a passable public highway or smaller tract of land containing at least five acres used or intended to be used in good faith in whole or in part for residential purposes, in accordance with chapter 31-22;
(37) Exercised by the Department of Transportation in accordance with chapter 31-27;
(38) Exercised by the Department of Transportation in accordance with chapter 31-29;
(39) Exercised by the Department of Transportation in accordance with chapter 31-30;
(40) Exercised by a sanitary district board of trustees in accordance with chapter 34A-5;