This bill amends existing South Dakota law regarding 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 also state that the jury must return a verdict detailing the compensation for each distinct lot or parcel of land taken, but this requirement does not apply to easements acquired for projects involving multiple landowners.

A new section is introduced that establishes a minimum compensation standard for easements acquired through eminent domain for such projects. This minimum compensation must be equivalent to the highest per-unit price negotiated for a comparable easement for the same project, regardless of whether it was obtained voluntarily or through eminent domain. The bill defines "comparable easement" based on factors related to fair market value, including land productivity, use, and zoning. This legislative change aims to ensure fair compensation for landowners affected by eminent domain actions in multi-landowner projects.

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