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Agricultural groups differ over Referred Law 21

The proposed route of Summit Carbon Solution's CO2 pipeline.
Summit Carbon Solutions
The proposed route of Summit Carbon Solution's CO2 pipeline.

Referred Law 21 on the ballot for South Dakota citizens to decide the path forward with carbon pipelines.

The measure is based off Senate Bill 201 – which backers called the “The Landowner Bill of Rights.”

It regulates many aspects of pipelines, including surcharges to landowners and pipeline depth.

But opponents worried about loss of local control got enough signatures to refer the law to voters.

DaNita Murray is the Executive Director of South Dakota Corn and supports the bill. She said there are many misconceptions.

“One of the big misconceptions is that the opponents to the carbon pipeline have been very smart and tied eminent domain to Senate Bill 201, or Referred Law 21, however you want to name it. In reality those two things have nothing to do with one another. Senate Bill 201 does not affect the authority for the pipeline company to utilize eminent domain.”

Both opponents and proponents claim misinformation is being spread about what exactly the bill does and who it really serves.

Murray said the bill supports a struggling agricultural market.

“We are looking at record high input prices and cost for fertilizer, seed, you name it. Agriculture certainly has not been immune to rising cost and we are not looking at great commodity prices and I don’t mean just corn here but across the board. We don’t know what 2025 is going to bring.”   

Doug Sombke is the President of South Dakota Farmer’s Union and opposes the bill. He said RL 21 was made to serve the pipeline companies.

“They rewrite that law for one reason and one reason only. So that Summit Carbon Solutions could build their pipeline and get the permit from PUC that they were unable to get before this law was passed,” Sombke said.

Sombke said most agricultural groups support RL 21, but South Dakota Farmers Union alongside the South Dakota StockGrowers Association oppose the measure.

Evan Walton is an SDPB reporter based in Sioux Falls. Evan holds a Master’s in English Literature from Southern New Hampshire University and was honorably discharged from the United States Army in 2015, where he served for five years as an infantryman.