Prohibit the condemnation of private land for certain non-public purposes.
Impact
If enacted, HB1136 would significantly impact the state's laws surrounding eminent domain, particularly regarding pipeline operators. By restricting the ability of companies classified as common carriers to claim land for private purposes, the legislation would strengthen the rights of landowners against potential condemnation for projects that do not serve public interests. This could lead to a re-evaluation of how private industrial projects interact with private land rights.
Summary
House Bill 1136 seeks to amend the existing law regarding the power of eminent domain as it pertains to private land for certain non-public purposes. Specifically, the bill aims to prohibit common carrier companies from exercising eminent domain to condone land for the placement and operation of privately owned pipelines intended primarily for transporting carbon dioxide. This legislative measure reflects growing concerns over land use and the implications for landowners' rights in South Dakota.
Contention
The introduction of HB1136 is likely to generate debate among various stakeholders, including property rights advocates, environmental groups, and energy companies. Proponents of the bill argue that it protects the interests of landowners from being unfairly impacted by private initiatives that utilize eminent domain powers without public justification. Conversely, opponents may raise concerns regarding the potential negative effects on infrastructure projects, particularly those aimed at addressing climate change through carbon capture and storage, which require extensive pipeline networks.