This 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 pipeline designed to transport carbon dioxide or hydrogen, as well as any facility qualifying for a tax credit under specific federal statutes, cannot utilize eminent domain. Additionally, the bill clarifies that while utility companies may exercise eminent domain for transmission lines, this does not imply approval of federal eminent domain. The amendments also specify that a pipeline company may exercise eminent domain for common carrier pipelines, but not for those transporting carbon dioxide or hydrogen.

Furthermore, the bill modifies the provisions related to permits for constructing transmission facilities, ensuring that such permits do not override local building, land use, or zoning regulations for facilities designed to transport carbon dioxide or hydrogen. It also introduces a new section that prohibits the exercise of eminent domain for solar and wind energy facilities, as well as for facilities eligible for certain federal tax credits. Overall, the bill aims to restrict the use of eminent domain in specific contexts, thereby providing greater protection for local land use and zoning rights.

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