This bill aims to protect landowners from deceptive practices when acquiring easements or easement options related to facilities carrying carbon oxide. It establishes that individuals or agents associated with such facilities are prohibited from using deception, fraud, harassment, intimidation, misrepresentation, or threats to persuade landowners to grant easements. Aggrieved landowners are granted the right to file a lawsuit within twelve months of the alleged violation, and if the court finds in their favor, it can void the easement, order compensation returns, award punitive damages, issue injunctions, and prohibit offending individuals from future negotiations. Additionally, the court must award costs and attorney fees to the landowner and require them to file the decision with the Public Utilities Commission.
The bill also stipulates that land agents representing pipeline facilities must either be employees of the facility, residents of South Dakota, or licensed real estate agents in the state. Furthermore, upon receiving a court decision regarding a violation, the Public Utilities Commission has the authority to deny permits for the proposed carbon oxide facility concerning the affected landowner's property. This legislation aims to enhance the protection of landowners' rights and ensure fair practices in the acquisition of easements.