Failure to Refer Vote
An eminent domain law passed by the South Dakota Legislature this year will take effect Tuesday as scheduled.
Secretary of State Chris Nelson says a group that wanted to refer it to a public vote was about 1,600 signatures short of the number needed to put it on the November ballot. Referral to the ballot would have kept the law from taking effect July 1.
The law will help the Dakota, Minnesota and Eastern Railroad and its proposal to expand to Wyoming's coal fields. It speeds up the process when a railroad asks to use eminent domain to cross private property.
-Referenda is available in most states. However, the availability is not enough. If citizens desire to challenge the legislative action, there must be basic support throughout the jurisdiction. South Dakota citizens maintained a vocal opposition to the DM&E project. Apparently, the group was either not strong enough to obtain the needed signatures to be on the ballot, or not organized enough, or maybe the public did not maintain the same opposition.
