An Act to provide that required siting permits be filed with condemnation petitions.
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 whereIf
any 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 allowed by law,
shall determine
determines to
exercise
such
that privilege,
it shall
the person must first
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.
If the person invested with the privilege of taking or damaging private property for public use is required, pursuant to chapter 49-41B, to obtain, from the Public Utilities Commission, a permit for the construction and operation of a facility, the petition required by this section must include a copy of that permit.