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Increase the amount of exempt proceeds when a homestead is sold or divided by court order.
South Dakota homeowners who sell their house now get to protect more money from creditors—the exemption increases from $60,000 to $100,000 for one year after the sale. For homeowners age 70 or older (or their surviving spouses), the exemption is even higher at $170,000, and this protection also applies when a court divides a homestead between spouses.
Eliminate certain property taxes levied on owner-occupied single-family dwellings, and to increase certain gross receipts tax rates and use tax rates.
HB1019 eliminates property taxes on owner-occupied single-family homes by setting their school district mill levy to zero, starting in 2026. To make up for the lost tax revenue, the bill increases the gross receipts tax and use tax rates on businesses and purchases. The stated goal is to offset the lost homeowner property tax revenue so school districts receive the same total funding as before.
Provide an exemption from certain property taxation for owner-occupied single-family dwellings, and to limit the taxes due on property over the previous year.
This bill creates two new property tax breaks for homeowners: a $100,000 exemption on the value of owner-occupied single-family homes, and a tax credit that caps annual property tax increases at 3% (unless the property changed use, was expanded, or the local taxing district voted to exceed tax limits). These changes reduce property taxes for individual homeowners but do not affect existing commercial or investment property taxation.
Provide property tax relief to certain senior owners of owner-occupied single-family dwellings.
Seniors age 65 and older who have owned their South Dakota home for at least 10 years and lived in the state for at least 25 years can apply for a property tax freeze that locks in their home's assessed value at its 2020 level or the level when they first qualify, whichever is later. This new program provides ongoing property tax relief by preventing further increases in their assessed home values, as long as they have no delinquent property taxes.
Provide a tax credit to limit the taxes due on property over the previous year.
Senate Bill 101 creates a new tax credit that limits how much property taxes can increase year-to-year, capping increases at 3 percent above the previous year's taxes. Property owners qualify for this credit automatically unless their property changed use, classification, or had additions/expansions in the previous year, with the county auditor reducing each taxing district's portion proportionally to bring total taxes down if they exceed the 3 percent threshold.
Reduce the growth in the assessed value of owner-occupied property, limit increases in certain property tax revenues, revise provisions regarding school district excess tax levies, and revise eligibility requirements for a property tax assessment freeze.
This bill limits how much the assessed value of owner-occupied homes can increase each year, reducing property tax growth for homeowners. The bill also changes rules about school district tax levies and adjusts who qualifies for the state's property tax assessment freeze program. These changes are designed to slow the rise in property taxes on primary residences in South Dakota.
Prohibit the exercise of eminent domain for a pipeline that carries carbon oxide.
South Dakota would prohibit companies from using eminent domain (the government power to seize private property) to build or operate pipelines designed primarily to transport carbon dioxide. This blocks a common tool used by pipeline companies to acquire land from unwilling property owners for carbon capture and transport projects.
Establish the minimum compensation for an easement obtained through the exercise of eminent domain for a project affecting multiple landowners.
When the government uses eminent domain to obtain easements (like for pipelines or power lines) from multiple landowners on the same project, this bill requires that every landowner receive compensation equal to the highest price the government negotiated with any other landowner for a similar easement on that same project. This change removes easements from the standard jury trial process for determining compensation and instead sets a minimum payment standard based on whatever the best deal was for comparable easements.
Remove the prohibition against a landowner having an easement on the landowner's property.
South Dakota currently prohibits a property owner from holding an easement on their own land, but this bill removes that restriction. The bill repeals the old rule that automatically eliminates easements when the same person owns both the property and the easement rights, and instead allows property owners to maintain easements on their own property. This change gives landowners more flexibility in managing their property rights and obligations.
Provide for the transfer of motor vehicles and boats upon death.
South Dakota vehicle and boat owners can now name a beneficiary on their certificate of title to automatically transfer the property after they die, bypassing the need for probate court. All current owners must agree in writing to add a beneficiary, and trusts can be named as beneficiaries. When the owner dies, the designated beneficiary simply submits a death affidavit to the state to receive the new title.
Establish conditions a prospective condemnor must satisfy before commencing condemnation proceedings.
SB 198 requires entities seeking to take private property through eminent domain (condemnation) to meet certain conditions before starting legal proceedings. The bill aims to strengthen environmental protections in South Dakota, though the specific conditions are not detailed in the provided excerpt.