The resolution proposes an amendment to the South Dakota Constitution that would require a public declaration of necessity before private property can be taken or damaged through eminent domain. This amendment aims to clarify the conditions under which private property may be appropriated for public use, ensuring that property owners are compensated justly according to legal procedures established by the Legislature. It also specifies that any potential benefits to the property owner from improvements made by private corporations cannot be factored into the compensation for the property taken.
Additionally, the amendment emphasizes that the definition of public use does not include factors such as increased tax base, tax revenues, employment, or overall economic health. This change is intended to protect property owners' rights and ensure that any taking of private property is justified and necessary for true public use. The proposed amendment will be submitted to voters for approval in the next general election.