The South Dakota Secretary of State approved a citizen referral for a state law called the “Landowner’s Bill of Rights,” meaning it gets placed on the November ballot.
The controversial law took up much of the legislative session earlier this year.
Sponsors of the referred law want voters to decide on a state law passed in response to proposed carbon pipelines that seek to run through eastern South Dakota. The law does several things, including adding new requirements and regulations for transmission facilities. It also establishes the “landowner bill of rights” and allows counties to add a surcharge on carbon pipelines for property tax relief.
Jim Eschenbaum is the sponsor for what’s now called Referred Law 21. He said the bill does not protect landowners.
“Our honest belief is that this bill was passed for the benefit of Summit Carbon Solutions not for the landowners," Eschenbaum said. "They called it a landowner's Bill of Rights, but we believe that can’t be any further from the truth. A landowner’s Bill of Rights - it’s a Summit’s Bill of Rights if anything."
Eschenbaum said he fears the law will grant carbon pipeline company Summit Carbon Solutions the use of eminent domain, which he calls bad precedent.
Rep. Will Mortenson was the prime sponsor of the legislation that’s getting referred. The Republican from Fort Pierre says eminent domain does not apply to Referred Law 21.
“It doesn’t give any additional power, doesn’t take any way. It doesn’t change eminent domain whatsoever, doesn’t have anything to do with eminent domain. And I know people are frustrated about that, but that’s got nothing to do with this measure,” Mortenson said.
Mortenson said the bill does protect landowners from indemnity and damages the pipeline may cause to land. He says that, and other transmission line regulations, benefit South Dakotans.
