South Dakota 2023 Regular Session

South Dakota House Bill HB1224

Introduced
2/1/23  

Caption

Require verification of landowner permission prior to certain pipeline permitting actions.

Impact

By requiring a high threshold of landowner consent, HB1224 seeks to limit the ability of pipeline companies to exercise eminent domain unilaterally, effectively pushing for a more collaborative approach in the regulation of pipeline projects. This could lead to a reduction in conflicts between pipeline companies and local landowners, as communities would have more power to influence developments that affect their lands and resources. The implications of this change extend to various aspects of land use and environmental regulation and are expected to reshape how future pipeline projects are developed in South Dakota.

Summary

House Bill 1224 aims to introduce a requirement for pipeline companies to obtain verification of landowner permission prior to initiating certain permitting actions. The bill amends existing legislation concerning eminent domain powers for common carrier pipelines, particularly focusing on the consent of landowners whose property may be impacted. Specifically, it mandates that a pipeline company must acquire written consent from at least ninety percent of affected landowners before filing a permit application with the Public Utilities Commission. This is a significant change aimed at enhancing community involvement and oversight regarding pipeline projects.

Contention

However, there are notable points of contention surrounding this bill. Critics argue that the high percentage requirement for landowner consent could substantially delay pipeline projects or even make them unviable, potentially complicating energy infrastructure development without providing clear benefits to landowners. Proponents of the bill, on the other hand, contend that the requirements safeguard private property rights and ensure that the concerns of local communities are duly recognized and addressed in the permitting process.

Companion Bills

No companion bills found.

Previously Filed As

SD H3303

Petroleum Pipelines

SD SB2842

CO2 PIPELINES-EMINENT DOMAIN

SD SF136

A bill for an act relating to hazardous liquid pipelines, including the establishment of setbacks and safety regulations, specified utility construction project requirements, pipeline project investor disclosures, voluntary easement negotiation requirements, and provisions for land surveys in connection with hazardous liquid pipeline construction projects, and including effective date and applicability provisions.

SD H2280

To establish commonsense permitting reforms for businesses and landowners

SD HF1073

Disposition of abandoned pipelines provided, and pipeline abandonment plan required.

SD SB478

Feral swine; requiring permission from landowner or lessee to remove or take feral swine on certain property. Effective date.

SD SB478

Feral swine; requiring permission from landowner or lessee to remove or take feral swine on certain property. Effective date.

SD SSB1166

A bill for an act relating to applications for permits to construct electric transmission lines, pipelines and underground storage facilities, and hazardous liquid pipelines, making penalties applicable, providing fees, and including effective date and applicability provisions.

SD HB7

Enacts the Louisiana Landowners Protection Act (OR SEE FISC NOTE GF RV)

SD SF2067

A bill for an act relating to easements for hazardous liquid pipelines, including negotiation requirements, eminent domain authorization, and contract execution, and including effective date, applicability, and retroactive applicability provisions.

Similar Bills

No similar bills found.