South Dakota House Bill HB1224

South Dakota 2023 Regular Session

• Introduced: 2/1/23
• Refer: 2/1/23

Caption

Require verification of landowner permission prior to certain pipeline permitting actions.

Impact

By requiring a high threshold of landowner consent, HB1224 seeks to limit the ability of pipeline companies to exercise eminent domain unilaterally, effectively pushing for a more collaborative approach in the regulation of pipeline projects. This could lead to a reduction in conflicts between pipeline companies and local landowners, as communities would have more power to influence developments that affect their lands and resources. The implications of this change extend to various aspects of land use and environmental regulation and are expected to reshape how future pipeline projects are developed in South Dakota.

Summary

House Bill 1224 aims to introduce a requirement for pipeline companies to obtain verification of landowner permission prior to initiating certain permitting actions. The bill amends existing legislation concerning eminent domain powers for common carrier pipelines, particularly focusing on the consent of landowners whose property may be impacted. Specifically, it mandates that a pipeline company must acquire written consent from at least ninety percent of affected landowners before filing a permit application with the Public Utilities Commission. This is a significant change aimed at enhancing community involvement and oversight regarding pipeline projects.

Contention

However, there are notable points of contention surrounding this bill. Critics argue that the high percentage requirement for landowner consent could substantially delay pipeline projects or even make them unviable, potentially complicating energy infrastructure development without providing clear benefits to landowners. Proponents of the bill, on the other hand, contend that the requirements safeguard private property rights and ensure that the concerns of local communities are duly recognized and addressed in the permitting process.