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South Dakota House Bill HB1249

South Dakota 2025 Regular Session

South Dakota House Bill HB1249 Compare Versions

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1-25.779.18 100th Legislative Session 1249
1+25.779.17 100th Legislative Session 1249
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44 2025 South Dakota Legislature
55 House Bill 1249
6-HOUSE COMMERCE AND ENERGY ENGROSSED
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1212 Introduced by: Representative Nolz
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1414 Underscores indicate new language.
1515 Overstrikes indicate deleted language.
1616 An Act to protect landowners from the use of deception, fraud, harassment, 1
17-intimidation, misrepresentation, or threat, in acquiring easements or 2
18-easement options . 3
17+intimidation, misrepresentation, or threat, in acquiring easements for linear 2
18+infrastructure. 3
1919 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
2020 Section 1. That a NEW SECTION be added to chapter 21-35: 5
21-A person owning or proposing a facility carrying carbon oxide, or an individual who 6
22-is acting as an agent of, is contracted with, or is employed by a person owning or proposing 7
23-a facility carrying carbon oxide, may not use any deception, fraud, harassment, 8
24-intimidation, misrepresentation, or threat, to induce a landowner to grant an easement or 9
25-easement option. 10
26-An aggrieved landowner may bring an action in circuit court against any person 11
27-alleged to have violated this section no later than twelve months after the date the 12
28-violation allegedly occurred. 13
29-If the court determines deception, fraud, harassment, intimidation, 14
30-misrepresentation, or threat was used to acquire or attempt to acquire an easement or 15
31-easement option, the court must declare the executed easement or easement option void 16
32-and may: 17
33-(1) Order any compensation paid for the executed easement or easement option 18
34-returned to the offending party; 19
35-(2) Order that the landowner may retain some or all of the compensation paid for the 20
36-executed easement or easement option; 21
37-(3) Award the landowner up to three times the amount of the greatest compensation 22
38-offered or the amount paid for the easement or easement option as punitive 23
39-damages; 24
40-(4) Issue an injunction against the offending party; and 25 25.779.18 2 1249
21+A person employed by a public utility or by any private entity attempting to acquire 6
22+easements or easement options for linear infrastructure, pursuant to this chapter, may 7
23+not use any deception, fraud, harassment, intimidation, misrepresentation, or threat, to 8
24+induce a landowner to grant an easement or easement option for the linear infrastructure. 9
25+An aggrieved landowner may bring an action in circuit court against any person alleged to 10
26+have violated this section. 11
27+If the court determines that the person used deception, fraud, harassment, 12
28+intimidation, misrepresentation, or threat, to acquire or attempt to acquire an easement 13
29+from the landowner, the court must declare the executed easement or easement option 14
30+void and may: 15
31+(1) Order any compensation paid for the easement or easement option returned to the 16
32+offending utility or non-public entity; 17
33+(2) Order that the landowner may retain the compensation; or 18
34+(3) Award the landowner up to three times the amount of the compensation involved 19
35+as damages, punitive or compensatory. 20
36+If the court rules in favor or the landowner, the court must award costs and 21
37+reasonable attorney fees to the landowner. 22
38+If the court determines a public utility knowingly allowed, encouraged, or 23
39+participated with the person using deception, fraud, harassment, intimidation, 24
40+misrepresentation, or threat against the landowner, the court must order a copy of its 25
41+decision to be filed with the Public Utilities Commission. 26 25.779.17 2 1249
4142 Underscores indicate new language.
4243 Overstrikes indicate deleted language.
43-(5) Prohibit the individual who engaged in deception, fraud, harassment, intimidation, 1
44-misrepresentation, or threat from participating in a negotiation or transaction to 2
45-acquire an easement or easement option for a specified period of time or 3
46-permanently. 4
47-If the court rules in favor of the landowner, the court must award costs and 5
48-reasonable attorney fees to the landowner. 6
49-The aggrieved landowner shall file a copy of the court's decision with the Public 7
50-Utilities Commission. 8
44+Upon receipt of the court's decision pursuant to this section, the commission may 1
45+revoke or suspend any permit issued for the portion of the route affecting the aggrieved 2
46+landowner. If a permit has not been issued with respect to a site or route affecting the 3
47+aggrieved landowner, the commission may refuse to issue a permit for the portion of the 4
48+route affecting the aggrieved landowner. 5
49+For purposes of this section, "linear infrastructure" means man-made structures 6
50+that extend linearly across the landscape, including pipelines, railways, roads, and 7
51+transmission lines. 8
5152 Section 2. That a NEW SECTION be added to chapter 49-41B: 9
5253 A land agent acting on behalf of a person operating or planning a pipeline facility 10
53-carrying carbon oxide must be a pipeline facility employee, a resident of this state, or a 11
54-real estate agent licensed in this state. 12
55-Section 3. That a NEW SECTION be added to chapter 49-41B: 13
56-Upon receipt of a copy of the court's decision pursuant to section 1 of this Act, the 14
57-commission may refuse to issue a permit for the proposed facility carrying carbon oxide 15
58-as to the affected portion of the aggrieved landowner's property. 16
54+carrying carbon dioxide must be a pipeline facility employee, a resident of the state, or a 11
55+real estate agent licensed in the state. 12