An Act to establish percentage requirements for voluntary agreements governing pipeline construction prior to the filing of a petition for condemnation.
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 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,
Any person
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
shall, 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
the plaintiff,
and;
(2) Name
all persons having
an 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
the filing
the same. It shall contain;
(3) Contain
a description of the property to be taken or damaged.
The;
and
(4) Set
forth the
purpose for which the property is to be taken or damaged
shall be clearly set forth in the petition.
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.
If the purpose for which the property is to be taken involves the construction of a pipeline to transport commodities, the petition must also be accompanied by the verification required in accordance with section 3 of this Act.
Section 3. That a NEW SECTION be added to chapter 21-35:
A person desiring to take or damage private property, as provided in 21-35-2, for the purpose of constructing a pipeline to transport commodities, shall:
(1) Declare the total linear feet of pipeline to be constructed in this state;
(2) Declare the total linear feet of pipeline to be constructed on private property in this state; and
(3) Provide documentation verifying that the placement of ninety percent of the total linear footage referenced in subdivision (2) of this section, is governed by existing easements or voluntary agreements entered into with the owners of the private property.