25.779.18 100th Legislative Session 1249
2025 South Dakota Legislature
House Bill 1249
HOUSE COMMERCE AND ENERGY ENGROSSED
Introduced by: Representative Nolz
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to protect landowners from the use of deception, fraud, harassment, 1
intimidation, misrepresentation, or threat, in acquiring easements or 2
easement options . 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That a NEW SECTION be added to chapter 21-35: 5
A person owning or proposing a facility carrying carbon oxide, or an individual who 6
is acting as an agent of, is contracted with, or is employed by a person owning or proposing 7
a facility carrying carbon oxide, may not use any deception, fraud, harassment, 8
intimidation, misrepresentation, or threat, to induce a landowner to grant an easement or 9
easement option. 10
An aggrieved landowner may bring an action in circuit court against any person 11
alleged to have violated this section no later than twelve months after the date the 12
violation allegedly occurred. 13
If the court determines deception, fraud, harassment, intimidation, 14
misrepresentation, or threat was used to acquire or attempt to acquire an easement or 15
easement option, the court must declare the executed easement or easement option void 16
and may: 17
(1) Order any compensation paid for the executed easement or easement option 18
returned to the offending party; 19
(2) Order that the landowner may retain some or all of the compensation paid for the 20
executed easement or easement option; 21
(3) Award the landowner up to three times the amount of the greatest compensation 22
offered or the amount paid for the easement or easement option as punitive 23
damages; 24
(4) Issue an injunction against the offending party; and 25 25.779.18 2 1249
Underscores indicate new language.
Overstrikes indicate deleted language.
(5) Prohibit the individual who engaged in deception, fraud, harassment, intimidation, 1
misrepresentation, or threat from participating in a negotiation or transaction to 2
acquire an easement or easement option for a specified period of time or 3
permanently. 4
If the court rules in favor of the landowner, the court must award costs and 5
reasonable attorney fees to the landowner. 6
The aggrieved landowner shall file a copy of the court's decision with the Public 7
Utilities Commission. 8
Section 2. That a NEW SECTION be added to chapter 49-41B: 9
A land agent acting on behalf of a person operating or planning a pipeline facility 10
carrying carbon oxide must be a pipeline facility employee, a resident of this state, or a 11
real estate agent licensed in this state. 12
Section 3. That a NEW SECTION be added to chapter 49-41B: 13
Upon receipt of a copy of the court's decision pursuant to section 1 of this Act, the 14
commission may refuse to issue a permit for the proposed facility carrying carbon oxide 15
as to the affected portion of the aggrieved landowner's property. 16