Amend provisions regarding entry on private property for examination and survey of a project requiring a siting permit.
Impact
The bill introduces significant requirements for individuals or entities wishing to survey private land for projects necessitating a siting permit. It mandates compensation to property owners for damages incurred during the survey process, ensuring that landowners are financially acknowledged for the entry onto their property. Additionally, property owners retain the right to challenge surveys in circuit court, adding a legal avenue for redress should they dispute the necessity of the examination.
Summary
House Bill 1185 addresses the provisions regarding the entry onto private property for examination and survey related to projects that require a siting permit in South Dakota. Specifically, the bill outlines the process for those vested with the authority to conduct these examinations and surveys, mandating that they provide a written notice to property owners at least thirty days prior to entry. This notice must include specific details such as the areas of the property to be surveyed, the anticipated date and time of the examination, and a description of the examination or survey methods.
Sentiment
General sentiment surrounding HB 1185 appears to be focused on balancing the rights of landowners with the needs of public utilities and project developers. Proponents argue that the bill protects property owner rights by requiring notice and compensation, while critics may view the necessity of such measures as indicative of potential overreach in property rights violations by utilities.
Contention
Notable points of contention include the extent of compensation required and the implications of surveying private property without consent prior to the legal processes established. While supporters may see the bill as a reasonable measure to ensure proper protocol is followed when conducting surveys, opponents might raise concerns regarding potential abuses or inadequate compensation that could leave landowners vulnerable during survey processes.