South Dakota House Bill HB1246

South Dakota 2024 Regular Session

• Introduced: 1/31/24
• Refer: 2/1/24

Caption

Establish a pre-condemnation process and to require reclamation and restoration of property damaged by condemnation.

Impact

The bill is designed to strengthen the property rights of individuals against the government's power of eminent domain by requiring compliance with a detailed pre-condemnation negotiation process. The inclusion of mandatory appraisals means that property owners are less likely to be offered unfair compensation and have a pathway to contest low initial offers. This legislative change could result in a more balanced power dynamic between condemning authorities and property owners, thereby upholding property rights more robustly.

Summary

House Bill 1246 establishes a pre-condemnation process that requires condemning authorities (condemnors) to engage in good faith negotiations with property owners (condignees) before initiating the formal condemnation process. This bill mandates that the condemnor must conduct an appraisal of the property in question and can only offer the condemnee at least the appraised value during negotiations. Furthermore, condemnees are entitled to be part of the appraisal process, ensuring transparency surrounding the valuation of their property.

Contention

Debates surrounding HB 1246 may center on the implications of these new requirements for government projects, especially in regard to time and costs associated with negotiations and appraisals. Critics may argue that while the bill provides important protections for property owners, it could introduce delays in vital public projects that require land acquisition. Additionally, concerns about the impact on current real estate projects and public utilities that rely on quick land access may stir contention among lawmakers and affected stakeholders.