The bill amends Section 21-35-31 of South Dakota law to clarify the procedures a potential condemnor must follow to examine real property when the property owner denies permission. It specifies that any person with the authority to take private property for public use may conduct examinations and surveys necessary for their proposed facilities, provided they have a pending or approved siting permit application with the Public Utilities Commission. The bill requires the condemnor to give the property owner thirty days' written notice, detailing the examination's specifics, including the date, duration, and type of examination, as well as the contact information of the person conducting it. Additionally, the condemnor must compensate the property owner for any actual damages incurred during the examination.

Furthermore, the bill allows property owners to challenge the proposed examination or survey in circuit court within thirty days of receiving the notice. It mandates that the results of any examination conducted must be provided to the property owner upon request. The bill also clarifies the definitions of "examination" and "survey," emphasizing that an examination should be minimally invasive and result in no more than minor soil disturbances. This legislation does not apply to the state or its political subdivisions and is intended to supplement existing laws regarding property examinations.

Statutes affected:
Introduced, 01/14/2026: 21-35-31