Senate passes bill adding notice and mediation steps before eminent domain can be used

Senate Bill 198, an act to establish conditions a prospective condemner must satisfy before commencing condemnation proceedings, was passed by the South Dakota Senate after extended debate and amendment on a 18-17 roll call.

The bill requires a developer who will need an easement for a permitted facility to offer mediation to affected landowners at the developer’s expense, provide a list of mediators (and allow the landowner to propose a fourth), and give landowners 60 days’ certified-mail notice with a description and color aerial map before the developer applies for the Public Utilities Commission (PUC) permit that would clear the way for condemnation proceedings. The sponsor said the bill does not force mediation; it makes mediation an option and sets preconditions before eminent domain tools can be used.

Supporters, led by Senator Melhoff, argued the measure strengthens landowners’ position by adding notice and mediation steps before a developer may use eminent domain. “This bill simply provides additional rights to land owners when they’re faced with the situation where a developer seeks an easement…