The bill amends South Dakota law regarding the examination and survey of real property by individuals authorized to take private property for public use, specifically in relation to projects requiring a siting permit. It stipulates that if a property owner denies permission for such examination or survey, the individual may still conduct an examination under certain conditions. These conditions include having a pending or approved siting permit application, providing the property owner with a thirty-day written notice detailing the examination specifics, and making a payment or providing security for any actual damage caused by the entry.

Additionally, the bill allows property owners to challenge the proposed examination or survey in circuit court within thirty days of receiving the notice. It also ensures that property owners can request a copy of the results from any examination or survey conducted. The definitions of "examination" and "survey" are clarified, with "examination" referring to minimally invasive inspections and "survey" indicating more comprehensive investigations. Notably, the provisions of this section do not apply to the state or its political subdivisions and are intended to supplement existing laws rather than replace them.

Statutes affected:
Introduced, 01/14/2026: 21-35-31
Enrolled, 03/01/2026: 21-35-31