This bill amends existing South Dakota law regarding the compensation for easements obtained through eminent domain, particularly for projects that require easements from multiple landowners. It specifies that the only issue to be tried by the jury is the amount of compensation for the property taken or damaged. Additionally, it clarifies that compensation for easements acquired in such projects must be determined according to a new section added to the law, which outlines the criteria for calculating this compensation.
The new section mandates that the minimum compensation for each landowner must be equivalent to the highest per-unit price negotiated for a comparable easement acquired for the same project, regardless of whether it was obtained voluntarily or through eminent domain. It defines "comparable easement" as one for land of similar productivity, use, and value, taking into account factors such as fair market value, access, existing land use, soil quality, and zoning. This legislative change aims to ensure fair compensation for landowners affected by projects requiring multiple easements.
Statutes affected: Introduced, 02/05/2025: 21-35-15, 21-35-18