South Dakota Moves Eminent Domain Bill Forward
The South Dakota House Transportation Committee has moved an eminent domain procedure amendment through the first phase necessary for approval. The House must pass supporting legislation during the coming week, and gubernatorial approval will be required. The bill is not an “anti-condemnation” bill, but rather one that balances the procedure, at least to an extent.
The bill requires those seeking land through the eminent domain process to work through a checklist of good-faith steps, including notifying landowners in advance of making an initial offer and providing details of the work to be done on the land.
The notice must include an estimate of the fair-market value of the property and basis for the estimate as well as a reclamation plan, and the landowner can request a company representative tour the property with the landowner within 30 days of the initial offer to discuss issues and concerns.
The bill would give landowners 180 days to respond to the initial offer. And if there is a counter offer by the landowner, the company would then have 30 days to make its final offer before it could begin condemnation proceedings.
