South Dakota House Bill HB1089

South Dakota 2023 Regular Session

• Introduced: 1/19/23
• Refer: 1/19/23

Caption

Require notice and compensation prior to entry upon private land for the purpose of causing an examination and survey.

Impact

The passage of HB 1089 will affect the pre-existing procedures regulating how entities engage with private property for public use. Prior to this bill, there may have been fewer requirements for notifying property owners or providing compensation for entry. Moving forward, any entity vested with authority to enter private property for an examination or survey will need to comply with these new notification protocols and compensation payments, which includes an initial payment of five hundred dollars to the property owner and securing additional compensation for any damage incurred during the survey. This adds a layer of responsibility for entities and may impact the speed at which public projects can proceed, given the necessary notifications and compensations now involved.

Summary

House Bill 1089 introduces mandatory notice and compensation requirements for entities that wish to enter private land for the purposes of conducting examinations and surveys related to projects requiring a siting permit. Specifically, the bill stipulates that the party intending to enter the private land must provide at least thirty days written notice to the property owner or tenant, detailing their intent to enter, as well as the date of entry and contact information for the individual entering the property. The intent of this legislation is to protect the property rights of landowners while allowing for necessary surveying activities to occur for public projects.

Contention

There may be contention surrounding HB 1089 primarily from stakeholders in the public utilities sector or other entities that frequently require access to private lands for examinations and surveys. Opponents may argue that increased notification requirements and compensation obligations could delay vital public infrastructure projects or increase costs. Conversely, proponents of the bill support the measure as a reform that upholds property rights and promotes mutual respect between landowners and entities seeking to conduct surveys. The balancing act between facilitating public projects and protecting private property rights will likely fuel ongoing discussions as the bill progresses.