This bill revises the provisions for the acquisition of highway easements and rights of way by the South Dakota Department of Transportation. It amends existing law to clarify that land or material for a right of way may be acquired through gift, purchase, or condemnation, and specifies that if condemnation is used, the proceedings must follow the guidelines established in section 31-19-3. Additionally, a new section is added to explicitly allow for the acquisition of land or material for a borrow pit under the same conditions.

Furthermore, the bill introduces new requirements for the Department of Transportation when acquiring easements or rights of way for borrow pits. The department must file a notice with the landowner and the county register of deeds, detailing the purpose of the easement, the compensation to be paid, and the plans for the property involved. The notice must also be shared with all parties having an interest in the property. Upon reaching an agreement with the landowner, the easement must be recorded by the county register of deeds, and if negotiations fail, the standard condemnation procedures will apply.

Statutes affected:
Introduced, 02/04/2026: 31-19-1