South Dakota voters would be asked to approve a constitutional amendment that requires the government to publicly declare why it needs to take or damage private property before using eminent domain, and clarifies that "public use" cannot simply mean increasing tax revenue, jobs, or economic growth. The amendment also specifies that property owners keep the underlying land rights when property is taken for railroads or highways, and prevents the government from reducing compensation payments based on any benefits the owner might gain from the taking.
This bill does not directly amend codified state law.
The amendment removed the word "sole" before "purpose of economic development," broadening the prohibition to cover any transfer for economic development, and added a requirement for a public declaration of necessity before taking or damaging property.
The amendment added "solely" to clarify that eminent domain cannot be used for economic development or tax revenue purposes only when lacking public use, narrowing the restriction's scope.
The amendment removed the explicit prohibition on transferring private property to non-governmental entities for economic development and replaced it with a clarification that public use excludes tax base, revenue, employment, or economic health increases.
Senate Do Pass Amended Failed, YEAS 14, NAYS 19. S.J. 433
State Affairs Do Pass Amended Passed, YEAS 5, NAYS 3. S.J. 34
State Affairs Motion to amend S.J. 33
State Affairs Scheduled for hearing
First read in Senate and referred to Senate State Affairs S.J. 131
House of Representatives Do Pass Amended Passed, YEAS 62, NAYS 5. H.J. 154
House of Representatives Motion to amend Passed, YEAS 35, NAYS 32. H.J. 153
State Affairs Do Pass Amended Passed, YEAS 10, NAYS 3. H.J. 1
State Affairs Motion to amend H.J. 1
State Affairs Motion to amend H.J. 1
State Affairs Scheduled for hearing
First read in House and referred to House State Affairs H.J. 24
Prime sponsor · Sen.
R
Prime sponsor · Rep.
R
Cosponsors
Do Pass Amended
State Affairs — Do Pass Amended
Motion to amend
Do Pass Amended
State Affairs — Do Pass Amended