The bill amends South Dakota law regarding the process a prospective condemnor must follow before initiating condemnation proceedings. It establishes that a 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, the bill outlines the mediation process, requiring it to occur within sixty days of the property owner's receipt of the notice, and stipulates that if mediation fails, the mediator must confirm its completion for court records.

Furthermore, the bill introduces new requirements for obtaining permits related to projects that necessitate property acquisition. It specifies that if a project requires a permit under chapter 49-41B, the prospective condemnor must secure this permit from the Public Utilities Commission before starting condemnation proceedings. Additionally, if an easement is needed, the applicant must notify the property owner at least sixty days before applying for the permit, providing detailed information about the proposed facility and its location. 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