Two South Dakota ag groups want to see the state legislature compromise on eminent domain.

House Bill 1052 would add a new section to existing right-of-way carrier law preventing the use of eminent domain for pipelines carrying carbon oxide. Eminent domain is getting attention in South Dakota as the Summit Carbon Solutions pipeline is being considered.

South Dakota Farm Bureau and South Dakota Corn Growers Association say pipeline companies should be required to get voluntary easements for at least two-thirds of a project before eminent domain is used.

SDFB President Scott VanderWal says the compromise balances new markets with landowner rights.

“Our organization is very focused on private property rights. And a lot of people would say ‘well, you have to defend private property rights by saying we shouldn’t use eminent domain for it.’ But what about the people who want to sign an easement to let the pipeline go across their property? They have property rights, too.”

SDCGA Vice President Trent Kubik says he’s interested to see how lawmakers respond.

“We do feel there are lawmakers looking for a compromise and from our viewpoint, we feel this is a good one.” Read More