Lawmakers advance a bill they say strengthens landowners’ rights and brings state law in line with a state Supreme Court decision.
Sen. Mark Lapka is Senate Bill 88’s prime sponsor. He explained the specifics.
“This bill is going to strike the invasive-style tactic surveys, as ruled by the court," Lapka said. "It is going to still allow for surveying to take place in the form of a general walk-around inspection and minimal soil disturbances.”
Some proponents are calling it the “Bossly Bill” because it’s in response to a situation involving Jared and Tara Bossly. Bossly alleges Summit Carbon Solutions surveyed their property under current statute and caused damages to the Bossly’s cropland and property. The bill's language is drafted similar to a 2024 South Dakota Supreme Court decision.
Tara Bossly testified to the committee asking lawmakers to vote yes.
“Your home is supposed to be your SafePlace where you feel comfortable, safe, protected, but for my family we no longer feel safe at home after a private company invaded our home, shop, cattle yards, shelter belts and fields against our wishes,” Bossly said. “The look on my kids’ faces that awful day is one I’ll never forget. We had to sit back and helplessly watch as strangers entered our farm, our life’s work and did whatever they wanted despite our objections.”
The bill advances to the Senate floor after a unanimous vote in the Senate Commerce and Energy Committee. Lawmakers on the committee expressed they'd like to see some of the language cleaned up on an amendment on the Senate floor.
