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 not entitled to exercise eminent domain for pipelines used to transport carbon dioxide or hydrogen. Additionally, it establishes that a person may not exercise eminent domain to construct pipelines for carbon dioxide or hydrogen, or any facility that qualifies for specific tax credits under federal law. The bill 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.

Furthermore, the bill modifies the provisions related to pipeline companies, allowing them to exercise eminent domain for common carrier pipelines, but explicitly excluding those for carbon dioxide or hydrogen. It also limits the width of right-of-way for school and public lands and ensures that pipeline companies can secure necessary land for related infrastructure. Overall, the legislation aims to restrict the use of eminent domain in specific contexts while maintaining local regulatory authority over certain types of facilities.

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