An Act to require verification of landowner permission prior to certain pipeline permitting actions.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 49-7-13 be AMENDED:
49-7-13. Any pipeline companies owning a pipeline which is a common carrier as defined by 49-7-11 may exercise the right of eminent domain in acquiring right-of-way as prescribed by statute.
However, in the case of school and public lands, no right-of-way for the purpose of carriage of property by pipeline shall exceed ten feet in width but the pipeline company shall have the right to secure such land as may be reasonably required for pumps, stations, substations, tanks, or buildings necessary for the carriage of the type or kinds of property the pipeline company intends its pipeline to carry.
Any pipeline company seeking a permit from the Public Utilities Commission, pursuant to chapter 49-41B, shall, prior to filing the application, acquire the written consent of at least ninety percent of the landowners whose property may be subject to an easement for the proposed pipeline, and shall file a verified statement of the required landowner consent with the application for a permit.
The commission may not conduct a contested case hearing until the pipeline company satisfies the landowner consent requirement set forth in this section.
A pipeline company subject to this chapter may not exercise eminent domain until it has an approved permit for construction of its proposed facilities from the commission.