Senate Passes Bill Aligning Surveying Rules with State Supreme Court Ruling
Senate Bill 88 clarifies when a potential condemnor may examine private property without the owner’s permission, aligning statute with an August 2024 unanimous South Dakota Supreme Court decision that struck down invasive surveying provisions; the bill passed on final reading.
The full story
On Feb. 4, 2026, the South Dakota Senate passed Senate Bill 88 to amend and clarify statutory provisions allowing a potential condemnor to survey private property. Sponsor Senator Lapke told the chamber the bill responds to a 2024 state Supreme Court decision that found parts of earlier law unconstitutional when they permitted invasive surveying (trenches, boring) without owner permission.
Sign up to keep reading.
Your free newsletter brings you what your city council, county, and school board discussed and decided.