Senate approves ban on eminent domain for carbon‑oxide pipelines after days of debate

The South Dakota Senate passed House Bill 10‑52 on March 3, 2025, prohibiting the use of eminent domain to acquire rights‑of‑way for pipelines whose preponderant purpose is transporting carbon oxides.

Senator Lapke, the bill sponsor, told colleagues the measure is intended to protect property rights, saying it would require “good faith negotiations” by private developers and “is not a ban” on projects but rather a demand that acquisitions be voluntary.

Why it matters: Supporters said the bill protects landowners from being compelled to give up property for private projects. Opponents argued the measure could block infrastructure projects that proponents say would benefit ethanol producers and corn farmers and could disadvantage South Dakota in attracting investment.

The debate included a significant amendment offered by Senator Wheeler (10‑52 D) that would allow eminent domain for a carbon pipeline only after a public utility commission permit is obtained and after a threshold of voluntary easements has been secured. Proponents of the amendment said it balances property owners’ rights with a pathway for projects where large majorities of affected landowners participate voluntarily; opponents said it would force a minority to surrender rights if a supermajority signed easements.

Senators on both sides repeatedly referenced Summit Carbon during floor arguments; several speakers said the measure was not intended only to affect one company but to set policy for any future carbon pipeline. Senator Hoehn urged colleagues to “stand with the landowners” and reject the amendment; others, including Senator Melhoff, said the amendment preserved a narrow route for thoughtful development.

On final passage the Senate recorded 23 yeas and 12 nays; the President declared the bill passed. The transcript shows the amendment debate and roll‑call activity; the transcript indicates the amendment was considered on the floor and received a roll call, but a transcript‑explicit final roll call tally for the amendment is not specified in the record provided here. The bill as adopted includes the substantive prohibition on using eminent domain for pipelines whose preponderant purpose is carbon‑oxide transport.

Implementation and next steps: The law will take effect as provided in the enrolled bill and could affect how future carbon‑transport projects are negotiated and routed within South Dakota. Supporters said the measure will encourage negotiated easements; opponents said it could require companies to seek alternate routes or stop projects if sufficient voluntary easements cannot be assembled.

Speakers recorded on the floor included Senator Lapke (bill sponsor), Senator Wheeler (author of the floor amendment), Senator Nelson, Senator Pyschke, Senator Hoehn, Senator Melhoff, Senator Crabtree, Senator Vilhauer and others. Direct floor statements in the record are attributed to those speakers.

Votes at a glance: Final passage vote on House Bill 10‑52 — Senate: 23 yeas, 12 nays (recorded in the transcript).