South Dakota Senate Bill SB49

South Dakota 2025 Regular Session

• Introduced: 1/14/25
• Refer: 2/10/25
• Report Pass: 2/19/25

Caption

Prohibit the exercise of the right of eminent domain for the construction of certain facilities.

Impact

The implications of SB49 are profound in the context of state energy policies and the development of renewable energy projects. By restricting the use of eminent domain for carbon dioxide and hydrogen pipelines, the bill effectively slows down the potential expansion of infrastructure critical for carbon capture and transportation technologies. This could hinder South Dakota's ability to adapt to a changing energy landscape that increasingly favors cleaner energy sources. Additionally, the bill hints at a possible prioritization of local property rights over broader environmental and economic initiatives that these pipelines could support.

Summary

Senate Bill 49 aims to prohibit the exercise of the right of eminent domain for the construction of certain facilities, specifically targeting pipelines designed to transport carbon dioxide and hydrogen. The bill seeks to amend existing laws to ensure that utility companies cannot claim eminent domain for facilities that would otherwise qualify for federal tax credits under provisions set forth in the United States tax code. By making these amendments, SB49 is positioned to limit the ability of companies to acquire land necessary for such projects without consent from property owners, marking a significant change in how land acquisition for energy infrastructure would be handled in South Dakota.

Contention

Notable points of contention surrounding SB49 involve the balance between property rights and the need for infrastructure development in the face of climate change. Proponents of the bill argue that it protects landowners from potentially invasive processes that could impose upon their property rights without sufficient justification. Conversely, opponents suggest that restricting eminent domain could undermine essential projects aimed at reducing carbon emissions and advancing green technologies, thereby affecting the state's overall energy strategy and compliance with future environmental regulations.