South DakotaProperty examiners may enter after notice when owners refuse
For projects requiring a state siting permit, the law allows a limited property examination after an owner refuses entry, if the person gives notice and covers actual damage.
What it does
For projects needing a state siting permit, a person authorized to take private property may make only a limited examination when an owner refuses entry permission, if the person meets the notice and damage-payment rules.
Argument forA clear notice rule could help project planners gather basic property information while giving owners time to prepare or object.
Argument againstEven a limited inspection could disturb private property, and owners may need to go to court within 30 days to challenge it.
More detail
When an owner denies permission, a person authorized to take private property for public use may conduct only an examination, not a survey, if the listed requirements are met. This applies to projects requiring a siting permit under South Dakota law and to people authorized to take private property for public use. The project must require a siting permit, and the person must have a pending or approved permit application with South Dakota's Public Utilities Commission. The person must give the owner 30 days' written notice with the required details and pay for actual damage or provide enough security to cover it. The rule does not apply to the state or its political subdivisions. The person must give 30 days' written notice before entering. An owner may challenge the proposed examination in circuit court within 30 days after notice is served.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 12Signed by the Governor Larry Rhoden on 2026-03-12 S.J. 529Became Law
- Mar 4Delivered to the Governor on 2026-03-04 S.J. 455To Governor
- Mar 3Signed by the Speaker H.J. 493Major
- Mar 2Signed by the President S.J. 434Major
- Feb 26House of Representatives Do Pass , Passed, YEAS 66, NAYS 0 H.J. 461Passed House
- Vote recorded Do Pass. Result: pass.Lower
- Feb 25Commerce and Energy Do Pass , Passed, YEAS 11, NAYS 0Minor
- Vote recorded Do Pass. Result: pass.Lower
- Feb 25Scheduled for hearing
- Feb 5First read in House and referred to House Commerce and Energy H.J. 238Minor
- Feb 4Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 183Passed Senate
- Vote recorded Do Pass. Result: pass.Upper
- Feb 3Commerce and Energy Do Pass , Passed, YEAS 9, NAYS 0 S.J. 8Minor
- Vote recorded Do Pass. Result: pass.Upper
- Feb 3Scheduled for hearing
- Jan 15First read in Senate and referred to Senate Commerce and Energy S.J. 55Introduced
Government & Ethics