The enrolled version removes a provision requiring condemnors to make a one-time $500 payment to landowners before entering property for common carrier projects, effectively **weakening** protections for property owners by reducing compensation requirements. The amendment also makes minor clarifications to procedural language and definitions while maintaining the core framework allowing examinations of private property without owner permission when proper notice is given.
26.440.15 26.440.16 101st Legislative Session 88 2026 South Dakota Legislature Senate Bill 88 Introduced by: Senator Lapka Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to clarify the procedure for a potential condemnor to examine real property 1 absent the property owner's permission. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 21-35-31 be AMENDED: 4 21-35-31. The provisions of this section only apply to a project that requires a 5 siting permit pursuant to chapter 49-41B. Each Except as otherwise provided in this 6 section, any person vested with authority to take private property for public use may 7 cause an examination and survey to be made as necessary for its proposed facilities. The, 8 facilities, and the person, or the person's agents and officers agent or officer, may enter the private 9 property for the purpose of to conduct the examination and survey. Any person seeking 10 to cause an examination or survey, where 11 If the owner of the property denies permission for the examination or survey has 12 been denied, survey, the person may conduct only an examination and must: 13 (1) Have a pending or approved siting permit application with the Public Utilities 14 Commission of the State of South Dakota pursuant to § 49-41B-11; 15 (2) Provide to the owner of the private property, thirty days' written notice, served in 16 accordance with § 15-6-4 or sent by certified mail with return receipt requested 17 that, requested, which contains: 18 (a) A description of the specific portions of property to be examined and 19 surveyed; 20 examined; (b) The anticipated date and time of entry; 21 (c) The anticipated duration of presence on the property; 22 (d) A description of the types of surveys and examinations type of examination 23 that may be conducted; and 24 26.440.15 2 88 Underscores indicate new language. Overstrikes indicate deleted language. (e) The name and contact information of the person, or the person's manager 1 agent or officer, who will enter the property for the purpose of causing to 2 conduct the examination examination; and survey; and 3 (3) Make a payment to the owner, or provide sufficient security for the payment, for 4 any actual damage done to the property by the entry. If the project is for 5 construction of a common carrier, as described in § 49-7-11, in addition to the 6 foregoing, the person must make a one-time payment to the owner, prior to entry, 7 in the amount of five hundred dollars as compensation for entering the owner's 8 property. 9 A landowner 26.440.16 2 88 SB88 ENROLLED The owner may challenge the right to survey or examine proposed 10 examination or survey by commencing an action in circuit court in the county where the 11 survey or examination or survey is proposed, within thirty days of service of the written 12 notice in circuit court. 13 notice. Upon the written request of the owner, request, the owner is entitled to a copy of the results 14 of a any survey or examination of the owner's private property conducted pursuant to this 15 section must be provided to the owner. 16 section. This section does not apply to the state or its political subdivisions. This section is 17 in addition to and not in derogation of other existing law. 18 For the purpose purposes of this section, the term "examination" means an a 19 minimally invasive, superficial inspection of a real property, resulting in no more than 20 minor soil disturbances, to obtain general information which that is not a matter of public 21 record. For the purpose purposes of this section, the term "survey" means a more detailed, 22 comprehensive, or invasive investigation of a real property. 23 26.440.16 3 88 SB88 ENROLLED An Act to clarify the procedure for a potential condemnor to examine real property absent the property owner's permission. I certify that the attached Act originated in the: Senate as Bill No. 88 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 88 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State