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House approves ban on eminent domain for pipelines that carry “carbon oxide”
Summary
The South Dakota House passed House Bill 1052, prohibiting the exercise of eminent domain to acquire rights-of-way for pipelines whose stated preponderant purpose is transporting “carbon oxide.” The bill passed after an extended floor debate over property rights, economic development, and the state supreme court’s recent rulings.
The South Dakota House of Representatives passed House Bill 1052 on final passage, prohibiting the use of eminent domain to acquire rights-of-way to construct or operate a pipeline “for the preponderant purpose of transporting carbon oxide.” Representative Lembs, the bill’s sponsor, framed the measure as restoring property-rights certainty to landowners who oppose forced takings.
The bill matters because supporters say eminent domain is a ‘‘big, heavy hammer’’ that can be abused and because multiple speakers tied the question to ongoing carbon sequestration and low‑carbon fuel projects in the state. Representative Lembs said the statute…
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