Changes to Existing Law

26.442.23 26.442.24 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Gosch Underscores indicate new language. Overstrikes indicate deleted language. A JOINT RESOLUTION proposing and submitting to the voters at the next general 1 election an amendment to the Constitution of the State of South Dakota, 2 prohibiting the transfer of private property to a non-governmental entity for 3 the sole purpose of economic development or increased tax revenue. revenue and requiring 4 a declaration of necessity. 5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 5 6 Section 1. That at the next general election held in the state, the following amendment to 6 7 Article VI of the Constitution of the State of South Dakota, as set forth in section 2 of this 7 8 Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for 8 9 approval. 9 10 Section 2. That Article VI, § 13 of the Constitution of the State of South Dakota, be 10 11 AMENDED: 11 12 § 13. Private property shall may not be taken for public use, or damaged, without 12 13 a public declaration by the condemnor, establishing the necessity for taking or damaging 14 the property, and just compensation, which will be as determined according to legal 15 procedure established 13 by the Legislature and according to § 6 of this article. No Eminent 16 domain may not be 14 exercised for the purpose of transferring private property to a non-governmental non-17 governmental entity 15 solely to promote economic development or increase tax revenue without 18 the provision of 16 a public use, purpose, or utility. use. A benefit which that may accrue to the owner as the result 17 19 of an improvement made by any private corporation shall may not be considered in fixing 18 20 the compensation for property taken or damaged. The fee of land taken for railroad tracks 19 21 or other highways shall remain in such owners remains in the owner, subject to the use 20 22 for which it is taken. 21 23

26.442.24 26.442.25 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Gosch Underscores indicate new language. Overstrikes indicate deleted language. A JOINT RESOLUTION proposing and submitting to the voters at the next general 1 election an amendment to the Constitution of the State of South Dakota, 2 prohibiting the transfer of private property to a non-governmental entity for 3 the purpose of economic development or increased tax revenue and requiring 4 a declaration of necessity. 5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 6 Section 1. That at the next general election held in the state, the following amendment to 7 Article VI of the Constitution of the State of South Dakota, as set forth in section 2 of this 8 Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for 9 approval. 10 Section 2. That Article VI, § 13 of the Constitution of the State of South Dakota, be 11 AMENDED: 12 § 13. Private property shall may not be taken for public use, or damaged, without 13 a public declaration by the condemnor, establishing the necessity for taking or damaging 14 the property, and just compensation, which will be as determined according to legal 15 procedure established by the Legislature and according to § 6 of this article. No Eminent 16 domain may not be exercised for the purpose of transferring private property to a non-17 governmental entity solely to promote economic development or increase tax revenue 18 without 18 the provision of a public use. A benefit which that may accrue to the owner as the 19 result 19 of an improvement made by any private corporation shall may not be considered in 20 fixing 20 the compensation for property taken or damaged. The fee of land taken for railroad 21 tracks 21 or other highways shall remain in such owners remains in the owner, subject to the 22 use 22 for which it is taken. 23

26.442.25 26.442.26 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 HOUSE SENATE STATE AFFAIRS ENGROSSED Introduced by: Representative Gosch Underscores indicate new language. Overstrikes indicate deleted language. A JOINT RESOLUTION proposing and submitting to the voters at the next general 1 election an amendment to the Constitution of the State of South Dakota, 2 prohibiting the transfer of private property to a non-governmental entity for 3 the purpose of economic development or increased tax revenue and requiring 4 a declaration of necessity. 5 necessity and clarifying public use of private 3 property taken or damaged by eminent domain. 4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 6 5 Section 1. That at the next general election held in the state, the following amendment to 7 6 Article VI of the Constitution of the State of South Dakota, as set forth in section 2 of this 8 7 Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for 8 approval. 9 approval. 10 Section 2. That Article VI, § 13 of the Constitution of the State of South Dakota, be 10 AMENDED: 11 AMENDED: 12 § 13. Private property shall may not be taken for public use, or damaged, without 13 12 a public declaration by the condemnor, establishing the necessity for taking or damaging 14 13 the property, and just compensation, which will be as determined according to legal 15 14 procedure established by the Legislature and according to § 6 of this article. No Eminent 16 domain may not be exercised for the purpose of transferring private property to a non-17 governmental entity solely to promote economic development or increase tax revenue 18 without the provision of a public use. A benefit 15 which that may accrue to the owner as the 19 result of an improvement made by any private 16 corporation shall may not be considered in 20 fixing the compensation for property taken or 17 damaged. The fee of land taken for railroad 21 tracks or other highways shall remain in such 18 owners remains in the owner, subject to the 22 use for which it is taken. 23 For purposes of this 19 section, public use does not include an increase in the tax base, tax revenues, 20 employment, or general economic health. 21