HJR5001 — proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a declaration of necessity and clarifying public use of private property taken or damaged by eminent domain.
What changed between bill versions as it moved through the Legislature.
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.