The proposed bill aims to protect landowners from deceptive practices when acquiring easements for linear infrastructure, such as pipelines, railways, roads, and transmission lines. It establishes a new section in chapter 21-35 that prohibits individuals employed by public utilities or private entities from using deception, fraud, harassment, intimidation, misrepresentation, or threats to induce landowners to grant easements. If a landowner is aggrieved by such actions, they can bring a lawsuit in circuit court. If the court finds in favor of the landowner, it can void the easement, order compensation to be returned, allow the landowner to keep compensation, or award damages up to three times the compensation amount. Additionally, the court must award costs and reasonable attorney fees to the landowner.
Furthermore, the bill introduces a new section in chapter 49-41B, stipulating that land agents representing pipeline facilities carrying carbon dioxide must either be employees of the facility, residents of South Dakota, or licensed real estate agents in the state. This provision aims to ensure that land agents have a legitimate connection to the state and the operations they represent. Overall, the bill seeks to enhance protections for landowners and ensure ethical practices in the acquisition of easements for infrastructure projects.