25.759.11 100th Legislative Session 198
2025 South Dakota Legislature
Senate Bill 198
SENATE ENGROSSED
This bill has been extensively amended (hoghoused) and may no longer be
consistent with the original intention of the sponsor.
Introduced by: Senator Larson
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to establish conditions a prospective condemnor must satisfy before 1
commencing condemnation proceedings . 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 21-35-1 be AMENDED: 4
21-35-1. In all cases where any person, group, or corporation, public or private, 5
including the owners of water rights, ditches, flumes, reservoirs, and mining property 6
under the provisions of the laws of Congress, invested with the privilege of taking or 7
damaging private property for public use, in making, constructing, repairing, or using any 8
work or improvement allowed by law, shall determine to exercise such the privilege, it the 9
prospective condemnor shall file a petition in the circuit court for the county in which the 10
property to be taken or damaged is situated, praying that the just compensation to be 11
made for such the property may be ascertained by a jury. 12
A petition may not be filed pursuant to this chapter until the condemnor has 13
complied with the requirements of sections 2 to 5, inclusive, of this Act. 14
Section 2. That a NEW SECTION be added to chapter 21-35: 15
Before any prospective condemnor, as described in § 21-35-1, may initiate 16
condemnation proceedings pursuant to this chapter, the condemnor shall engage in good 17
faith mediation with any affected property owner in an attempt to reach a mutually 18
agreeable resolution regarding the property proposed to be taken or damaged. 19
The condemnor shall provide the property owner written notice of the condemnor's 20
intent to acquire an interest in the property at least ninety days before commencement of 21
any condemnation proceeding pursuant to this chapter. 22
The condemnor shall pay any cost associated with the mediation. 23
Section 3. That a NEW SECTION be added to chapter 21-35: 24 25.759.11 2 198
Underscores indicate new language.
Overstrikes indicate deleted language.
The notice required in section 2 of this Act must contain: 1
(1) The prospective condemnor's full legal name, phone number, and primary address; 2
(2) A detailed description of the property proposed to be taken or damaged; 3
(3) A request for mediation in accordance with chapter 19-13A; 4
(4) A list of at least three proposed mediators; and 5
(5) A statement that the affected property owner has fifteen days to either: 6
(a) Select one of the mediators proposed by the condemnor; or 7
(b) Propose an alternate mediator agreeable to both parties. 8
Section 4. That a NEW SECTION be added to chapter 21-35: 9
Mediation, as required in section 2 of this Act, must be conducted within sixty days 10
of the affected property owner's receipt of the notice pursuant to sections 2 and 3 of this 11
Act, unless the parties agree to extend the time for mediation. 12
The mediator shall facilitate discussions to explore alternatives to condemnation, 13
including alternative routes within the confines of the applicable permit, as required in 14
section 5 of this Act, and increased compensation. 15
If mediation results in a voluntary agreement between the parties, the mediator 16
must facilitate preparation of a written settlement agreement, which upon execution by 17
the parties is binding and enforceable. 18
If mediation does not result in an agreement, the mediator must issue a written 19
confirmation of mediation completion to be filed with the court upon commencement of 20
any condemnation proceeding pursuant to this chapter. 21
If the property owner refuses to participate in mediation, then upon 22
commencement of a condemnation proceeding pursuant to this chapter, the prospective 23
condemnor, as described in § 21-35-1, must submit an affidavit to the court documenting 24
the condemnor's efforts, and the property owner's refusal, to participate in mediation. 25
Section 5. That a NEW SECTION be added to chapter 21-35: 26
If a project for which property is proposed to be taken or damaged requires a 27
permit under chapter 49-41B, a prospective condemnor must obtain the permit from the 28
Public Utilities Commission before commencement of any condemnation proceeding 29
pursuant to this chapter. 30
Section 6. That a NEW SECTION be added to chapter 49-41B: 31 25.759.11 3 198
Underscores indicate new language.
Overstrikes indicate deleted language.
If an easement is necessary for a proposed facility requiring a permit pursuant to 1
this chapter, and as a precondition for initiating condemnation proceedings under chapter 2
21-35, the applicant must, at least sixty days before applying to the commission for the 3
permit, provide notice of the applicant's intent to obtain a permit to the owner of record 4
of the property on which the easement is sought. 5
The notice must: 6
(1) Be sent by certified mail, return receipt requested; 7
(2) Contain a description of the nature and location of the proposed facility; and 8
(3) Include a color aerial map of the property, showing the intended location of the 9
proposed facility. 10
Notice is not required pursuant to this section if the applicant has already obtained 11
the necessary easement on the property. 12
For purposes of this section, "owner of record" means the person designated to 13
receive the property tax bill, on the property at issue, sent by the county treasurer. 14