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 information such as the condemnor's contact details, a description of the property, a request for mediation, and a list of proposed mediators. Additionally, the bill outlines that the condemnor is responsible for any costs associated with the mediation process.

Furthermore, the bill stipulates that mediation must occur within sixty days of the property owner's receipt of the notice, unless an extension is agreed upon. If mediation results in an agreement, a written settlement must be prepared, while a lack of agreement will require the mediator to confirm the completion of mediation to the court. The bill also introduces requirements for obtaining necessary permits from the Public Utilities Commission before commencing condemnation proceedings and mandates that applicants provide notice to property owners regarding the intent to obtain such permits. This comprehensive approach aims to ensure transparency and fairness in the condemnation process while protecting the rights of property owners.

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