This bill amends South Dakota law regarding the process a prospective condemnor must follow before initiating condemnation proceedings. It establishes that a prospective condemnor must first engage in good faith mediation with affected property owners to seek a mutually agreeable resolution regarding the property in question. The bill mandates that the condemnor provide written notice of their intent to acquire property at least ninety days prior to commencing any condemnation proceedings. This notice must include specific details such as the condemnor's contact information, a description of the property, a request for mediation, and a list of proposed mediators. Additionally, if mediation does not result in an agreement, the mediator must confirm the completion of mediation in writing.

Furthermore, the bill introduces requirements for obtaining necessary permits before commencing condemnation proceedings, particularly for projects requiring a permit under chapter 49-41B. It stipulates that applicants must notify property owners of their intent to obtain a permit at least sixty days prior to applying, including details about the proposed facility and its location. The bill also clarifies that notice is not required if the necessary easement has already been obtained. Overall, the legislation aims to ensure that property owners are adequately informed and have the opportunity to negotiate before their property is taken for public use.

Statutes affected:
Senate State Affairs Engrossed, 02/19/2025: 21-35-1
Senate Engrossed, 02/25/2025: 21-35-1