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 clarifies that the only issue to be tried by a jury is the amount of compensation for the property taken or damaged. Additionally, it specifies that compensation for easements acquired through eminent domain must be determined according to new provisions outlined in the bill. The amendments to sections 21-35-15 and 21-35-18 remove previous language and insert new requirements for how compensation is assessed.

A new section is added to establish that the minimum compensation for an easement acquired through eminent domain must be equivalent to the highest per-unit price negotiated for a comparable easement for the same project. The bill 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 aims to ensure fair compensation for landowners affected by such projects.

Statutes affected:
Introduced, 02/05/2025: 21-35-15, 21-35-18