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Senate approves preconditions for condemnation proceedings in Senate Bill 198
Summary
The South Dakota Senate passed Senate Bill 198 after a reconsideration motion and an amendment. The bill requires developers seeking easements to offer mediation at the developer’s expense, obtain a Public Utilities Commission permit before pursuing eminent domain, and give 60 days' notice — including a color aerial map — to affected landowners.
The South Dakota Senate on a reconsideration vote passed Senate Bill 198, a measure that places preconditions on a prospective condemner before it may commence condemnation proceedings.
The bill adds requirements that developers seeking easements must (1) offer mediation at the developer’s expense and provide mediator options, (2) hold a permit from the Public Utilities Commission (PUC) before pursuing eminent domain, and (3) provide landowners 60 days’ notice prior to filing for a required permit that will include a description and a color aerial map of the property and the proposed facility (amendment 198E).
Senator Melhoff, the bill’s prime sponsor, described the changes as protections that “strengthen the landowner's hand” and said the bill sets preconditions that…
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