25.780.9 100th Legislative Session HCR6004
2025 South Dakota Legislature
House Concurrent Resolution
6004
Introduced by: Representative Mulally
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A CONCURRENT RESOLUTION, Affirming the state's rejection of carbon dioxide 1
pipelines and urging President Donald Trump to avoid interfering with the 2
Summit Carbon Solutions carbon dioxide pipeline through exercise of federal 3
eminent domain powers. 4
WHEREAS, South Dakotans oppose federal overreach and prefer state and local 5
government to be free from federal intervention; and 6
WHEREAS, the voters of this state have rejected legislative attempts to expedite the 7
approval of the Summit Carbon Solutions carbon dioxide pipeline project by voting against 8
Referred Law 21 by fifty-nine and two-fifths percent of the vote in November 2024; and 9
WHEREAS, the House of Representatives of the One Hundredth Legislature of the State of 10
South Dakota passed House Bill 1052, with a vote of 49-19, to prohibit the exercise of eminent 11
domain for a pipeline that carries carbon oxide; and 12
WHEREAS, U.S. Const. amend. V prohibits the taking of private property for public use 13
without just compensation; and 14
WHEREAS, South Dakotans generally oppose federal policies associated with the Green 15
New Deal and federal tax dollars being used to promote the policies; and 16
WHEREAS, corporations within the energy sector are capitalizing on the false premise of 17
a looming climate apocalypse by introducing carbon capture and sequestration projects into 18
South Dakota and North Dakota, which contemplate the use of eminent domain to acquire 19
land across various states, affecting numerous landowners and communities; and 20
WHEREAS, the affected landowners and communities have expressed strong opposition to 21
the use of eminent domain, arguing that it unjustly benefits a private entity at the expense 22
of the affected landowners' property rights and local autonomy, demonstrating that there is 23 25.780.9 2 HCR6004
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a need for greater transparency, community involvement, and rigorous environmental and 1
safety assessments in the planning and implementation of large-scale infrastructure projects; 2
and 3
WHEREAS, there are substantial unanswered questions about the environmental benefits, 4
associated risks, and long-term viability of carbon capture and sequestration projects; and 5
WHEREAS, the use of federal tax credits, including any tax credit available pursuant to 26 6
U.S.C. ยง 45Q (January 1, 2025), is a boondoggle wasting federal taxpayer dollars, which only 7
adds to the national spending and debt crisis; and 8
WHEREAS, President Donald Trump received sixty -one and fifty-three one-hundredths 9
percent of the vote in this state in the 2016 presidential election; and 10
WHEREAS, President Donald Trump received sixty -one and seventy -seven one-11
hundredths percent of the vote in this state in the 2020 presidential election; and 12
WHEREAS, President Donald Trump received sixty-three and forty-three one-hundredths 13
percent of the vote in this state in the 2024 presidential election; 14
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the One 15
Hundredth Legislature of the State of South Dakota, the Senate concurring therein, that the 16
South Dakota Legislature condemns the use of eminent domain for carbon dioxide pipelines 17
and calls for an immediate halt to any use of eminent domain for carbon capture and 18
sequestration projects; and 19
BE IT FURTHER RESOLVED, that the South Dakota Legislature urges relevant 20
governmental bodies to seek alternative solutions that do not infringe upon the property rights 21
of individuals, that respect environmental and safety concerns, and that involve meaningful 22
consultation and consent from affected communities; and 23
BE IT FURTHER RESOLVED, that the South Dakota Legislature opposes the use of state 24
moneys to educate the public on benefits of carbon capture and sequestration that are 25
contrary to the will and interests of private property owners; and 26
BE IT FURTHER RESOLVED, that the South Dakota Legislature opposes the fascism of 27
mutually beneficial partnerships between government and private energy corporations 28
created under the pretext of climate change; and 29 25.780.9 3 HCR6004
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BE IT FURTHER RESOLVED, that the South Dakota Legislature supports legislation that 1
prevents the infringement of individual property rights without just compensation and 2
provides legislative oversight of administrative rules that carry the force and effect of law; 3
and 4
BE IT FURTHER RESOLVED, that the South Dakota Legislature urges President Donald 5
Trump to resist pressure to exercise federal eminent domain power in states and localities 6
that have voted against the use of eminent domain for carbon capture and sequestration and 7
any other Green New Deal project, even if the project benefits traditional energy companies. 8