Provide for property owner inclusion in the pipeline siting application and condemnation process.
Impact
If passed, HB1188 would directly modify existing statutes regulating the siting of pipelines and the corresponding rights of property owners. The bill requires applicants to submit detailed plans to the Public Utilities Commission, along with evidence of property owner consent. Specifically, operators must now demonstrate that at least 80% of the linear feet of property, which the proposed pipeline will cross, is in favor of the project. This is likely to create a stricter set of conditions for pipeline companies and may lead to a slowdown in the approval process for new projects, as they must now account for community sentiment and local governance more comprehensively.
Summary
House Bill 1188 introduces significant changes to the process of pipeline siting and condemnation in South Dakota. The legislation aims to enhance property owner involvement by mandating that property owners be included in the pipeline siting application and condemnation process. The bill outlines the requirements for operators to solicit consent from property owners before utilizing the power of eminent domain, thus providing local landowners a greater say in projects that could affect their land and livelihoods. It emphasizes a more systematic approach to gaining approval from property owners through documentation and verification measures aimed at ensuring sufficient agreement among affected parties.
Contention
The passage of HB1188 may spark debate among various stakeholders, particularly between pipeline developers and local property owners. Advocates for the bill argue that it strengthens property rights and allows communities to have a more substantial input on developments that may disrupt their lands. Conversely, industry representatives may view the legislation as an impediment to energy development, fearing that it could deter investment in pipeline projects due to the increased hurdles for obtaining necessary permits and navigating community opposition.
A bill for an act relating to applications for permits to construct electric transmission lines, pipelines and underground storage facilities, and hazardous liquid pipelines, making penalties applicable, providing fees, and including effective date and applicability provisions.
A bill for an act relating to applications for permits to construct electric transmission lines, pipelines and underground storage facilities, and hazardous liquid pipelines, making penalties applicable, and including effective date and applicability provisions.
A bill for an act relating to applications for permits to construct electric transmission lines, pipelines and underground storage facilities, and hazardous liquid pipelines, making penalties applicable, and including effective date and applicability provisions.