South Dakota 2024 Regular Session

South Dakota House Bill HB1246

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.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1202

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

SD HB1188

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

SD HB1136

Prohibit the condemnation of private land for certain non-public purposes.

SD HB1230

Clarify references to the court in a condemnation action.

SD SB141

Clarify and modernize cremation requirements and procedures.

SD SB74

Provide for the establishment of regional jail authorities.

SD HB1216

Establish and revise requirements related to visitation policies and procedures for certain facilities.

SD SB107

Facilitate the process of establishing election precincts and polling places by counties.

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 HB1143

Make an appropriation for the restoration, maintenance, and repair of the state capitol and to declare an emergency.

Similar Bills

PA HB2538

In general provisions, further providing for definitions; in procedure to condemn, further providing for declaration of taking, for security required and for recording notice of condemnation, providing for advanced notice to condemnee and further providing for notice to condemnee, for preliminary objections, for possession, right of entry and payment of compensation and for revocation of condemnation proceedings; in procedure for determining damages, further providing for petition for appointment of viewers, for report of viewers, for allocation of damages and for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages, for condemnee's costs where no declaration of taking filed and for limited reimbursement of appraisal, attorney and engineering fees and providing for coverage of mortgages and liens and for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.

PA HB1464

In general provisions, further providing for definitions; in procedure to condemn, providing for advanced notice to condemnee, further providing for notice to condemnee and for preliminary objections and providing for determination of last resort; in procedure for determining damages, further providing for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages and providing for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.