SD
South Dakota House Bill HB1079

South Dakota 2024 Regular Session

South Dakota House Bill HB1079

Introduced
1/12/24  

Caption

Require property owner permission or a siting permit prior to entry for an examination and survey.

Impact

If enacted, HB 1079 would reinforce property owners' rights by clarifying the process through which surveying activities must be conducted. Specifically, the bill mandates that any entity seeking to enter private land must give at least thirty days written notice to the owners and tenants, provide a copy of the siting permit application, and offer compensation for any damages incurred during the examination or survey. This new procedural requirement aims to provide greater transparency and security for landowners who might be impacted by such activities.

Summary

House Bill 1079 seeks to impose a requirement that property owners be informed and provide consent, or that a siting permit be obtained, before any examination or survey of their property can occur. This legislation is framed as a protective measure for private property owners, ensuring that they are not subjected to unauthorized entry or potential damages without prior notice and explicit permission. The bill amends the existing legal framework surrounding the examination and surveying of private lands, specifically tying these procedures to the issuance of a siting permit from the state's Public Utilities Commission.

Contention

The bill has generated discussion regarding the balance between public utility needs and private property rights. Proponents argue that the bill empowers property owners, giving them a stronger voice in dealings that affect their land and ensuring that they are compensated for any disruptions. However, there may also be concerns from utility companies and public projects that may face increased obstacles when attempting to carry out necessary surveys for infrastructure development. The legislative discourse highlights a tension between advancing public utility projects and safeguarding individual property rights.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1089

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

SD HB1188

Provide for property owner inclusion in the pipeline siting application and condemnation process.

SD HB1224

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

SD HB1202

Require consent from property owners prior to a pipeline condemnation proceeding.

SD HB1186

Require restitution for landowners following an unauthorized entry to hunt, fish, or trap.

SD SB26

Transfer a property tax relief program, to change income requirements for certain property tax relief programs, and to index certain income schedules to inflation.

SD SB185

Establish the Committee on Foreign Investment in the United States – South Dakota and revise provisions related to the foreign ownership or control of agricultural land.

SD SB141

Clarify and modernize cremation requirements and procedures.

SD HB1102

Clarify and modify requirements related to the medical cannabis program.

SD SB54

Require a convicted defendant to reimburse for the cost of digital forensic examination fees.

Similar Bills

No similar bills found.