This bill amends South Dakota law regarding the process for condemnation proceedings, establishing new requirements that prospective condemners must fulfill before initiating such actions. Specifically, it mandates that a prospective condemnor must engage in good faith mediation with affected property owners to seek a mutually agreeable resolution regarding the property in question. The condemnor is required to provide written notice of their intent to acquire the property at least ninety days prior to commencing any condemnation proceedings. This notice must include the condemnor's contact information, a detailed description of the property, a request for mediation, a list of proposed mediators, and a statement outlining the property owner's options for selecting or proposing a mediator.

Additionally, 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 binding settlement must be prepared; if not, the mediator will confirm the completion of mediation for court records. Furthermore, the bill requires that if a project necessitates a permit under existing law, the prospective condemnor must obtain this permit before starting condemnation proceedings. It also introduces a requirement for applicants seeking easements to notify property owners of their intent at least sixty days prior to applying for a permit, ensuring that property owners are adequately informed and involved in the process.

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