SIOUX FALLS, S.D. (KELO) — Opponents of Referred Law 21 (SB201) said the overwhelming rejection by South Dakota voters is a clear message to state lawmakers.

“It clearly shows we are the majority,” Chase Jensen of Dakota Rural Action said in a Zoom news conference Wednesday. ” A coalition has been built across the state.”

The RL21 victory came with a roughly 60% to 40% margin. RL21 dealt with SB201, a law passed in the most recent legislative session. In short, supporters said SB201 protected landowners including with requirements for CO2 pipelines while opponents said SB201 protected private business and took away landowner rights.

The coalition started roughly three years ago in opposition to proposed carbon dioxide pipeline projects in the state. Navigator and Summit Carbon Solutions both proposed burying CO2 pipelines to transported CO2 from ethanol plans for burial in other states. The PUC denied Navigator’s pipeline permit application. The company abandoned the proposed project. Summit was also rejected but it hasn’t left its project.

In response to the RL21, Summit said in a news statement that it will be applying for a permit on Nov. 19.

Fischbach said it may be time for Summit Carbon to realize its project won’t be successful in the state.

Newly elected state Sen. Joy Hohn vowed she’d be working in the Legislature on changing the state’s eminent domain laws. “We have new conservative leaders that will bring forth legislation…,” Hohn said.

Credit the opposition with its help in getting those new conservative leaders elected.

Hohn said the state could model eminent domain after Minnesota which does not allow eminent domain to be used for CO2 pipelines.

Jensen said it must be clear that eminent domain can only be used on projects for public use.

Opponents said they were confident that changes in eminent domain laws would happen during the 2025 session.

Opponents have said while there may be a benefit it shouldn’t come at the cost of landowners and the safety risk. And that ethanol plants have alternatives to reduce their carbon footprint.

“We won in every county that has an ethanol plant,” Fischbach said of the RL21 vote.