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 STRENGTHENS the eminent domain restrictions by removing the word "sole" from the prohibition on taking private property for economic development, meaning the ban now applies regardless of whether that's the only purpose, and by adding a new requirement that the government must publicly declare the necessity for taking or damaging property before doing so.
The amendment STRENGTHENS the eminent domain restrictions by adding the word "solely" to clarify that private property cannot be taken for economic development or tax revenue purposes even if some public use is provided, and makes several technical corrections to grammar and phrasing (such as changing "shall" to "may not," "tracks" to clarify railroad language, and updating references to property ownership).
The amendment significantly narrowed the bill by removing the blanket prohibition on transferring private property to non-governmental entities for economic development, and instead added a definition clarifying that "public use" does not include increases in tax base, tax revenues, employment, or general economic health. This shifts the focus from an outright ban on economic development takings to a more limited clarification about what constitutes legitimate "public use" under eminent domain.
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