An Act to restrict the power of eminent domain to a utility used for a public purpose.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 21-35-1.1 be AMENDED:
21-35-1.1. A utility constructing a transmission line in this state that has obtained a permit pursuant to chapter 49-41B and approval by legislative enactment as required pursuant to 49-41B-4.1, is entitled to the power of eminent domain as provided by this chapter. However, such action shall not be construed to constitute approval of the use of federal eminent domain. Only a public utility is entitled to the power of eminent domain under this section.