South Dakota Senate declines to put eminent domain restrictions on the ballot
South Dakota voters will not be asked to put eminent domain restrictions in the state constitution, the state Senate decided on Monday in Pierre.
Supporters of House Joint Resolution 5001, which failed 14-19, had argued that residents need stronger protections than those found in last year’s law banning eminent domain for carbon capture pipelines.
Eminent domain is the power to take private property for public use, with just compensation to the landowner. Although eminent domain is often used for water pipelines, electrical transmission lines, and other infrastructure, it’s been a divisive issue in South Dakota the last several years because of a proposed multi-state carbon capture pipeline that would pass through the eastern part of the state.
The Resolution would have asked voters to narrow the use of eminent domain. Increases in the tax base, tax revenues, employment, or general economic health would no longer justify its use, and the need for a project would need to be publicly declared before any condemnation proceedings could commence.
https://southdakotasearchlight.com/2026/03/02/south-dakota-senate-declines-to-put-eminent-domain-restrictions-on-the-ballot/