The bill amends existing laws regarding the exercise of eminent domain in South Dakota, specifically prohibiting its use for the construction of certain facilities. Notably, it states that a utility constructing a transmission line is entitled to exercise eminent domain, but this does not extend to pipelines used for transporting carbon dioxide or hydrogen. Additionally, the bill introduces a new section that explicitly prohibits the exercise of eminent domain for constructing pipelines designed to transport carbon dioxide or hydrogen, as well as for solar and wind energy facilities, and any facility qualifying for specific tax credits under federal law.

Furthermore, the bill modifies the existing provisions related to pipeline companies, allowing them to exercise eminent domain for common carrier pipelines, but again excluding those for carbon dioxide or hydrogen. It also clarifies that permits for constructing transmission facilities do not supersede local building, land use, or zoning regulations when related to carbon dioxide or hydrogen transportation. Overall, the bill aims to restrict the use of eminent domain in specific contexts while maintaining certain rights for utility companies under regulated circumstances.

Statutes affected:
Introduced, 01/08/2025: 21-35-1.1, 49-7-13, 49-41B-28