South DakotaVoters would decide limits on taking private property in South Dakota
If voters approve, South Dakota would require public explanations for taking or damaging private property and exclude economic gains as reasons that qualify as public use.
What it does
If voters approve, more jobs, higher tax revenue, or general economic growth would not count as public use to justify taking or damaging private property.
If voters approve, an entity seeking to take or damage private property would have to publicly explain why doing so is necessary.
Argument forIf approved, requiring a public explanation could help property owners understand and challenge why an entity needs to take or damage their property.
Argument againstIf approved, excluding economic gains as public use could block projects that need private land and offer mainly jobs or economic growth.
More detail
The proposed amendment would exclude economic gains from what counts as public use. For private property taken or damaged under this section, public use would exclude increases in the tax base, tax revenues, employment, or general economic health. The amendment would need voter approval. The resolution calls for submitting the amendment to voters at the next general election.
An entity seeking to take or damage private property would have to publicly declare why the action is necessary. The requirement would apply to private property taken for public use or damaged under this constitutional section. The amendment would need voter approval. The declaration would be required before the property could be taken or damaged.
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 1st Chamber
- Passed 2nd Chamber
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 2Senate Do Pass Amended , Failed, YEAS 14, NAYS 19 S.J. 433Latest
- Vote recorded Do Pass Amended. Result: fail.Upper
- Feb 25State Affairs Do Pass Amended , Passed, YEAS 5, NAYS 3 S.J. 34
- Vote recorded Do Pass Amended. Result: pass.Upper
- Feb 25State Affairs Motion to amend , Passed, S.J. 33 Amendment HJR5001EMajor
- Feb 25Scheduled for hearing
- Jan 28First read in Senate and referred to Senate State Affairs S.J. 131Minor
- Jan 27House of Representatives Do Pass Amended , Passed, YEAS 62, NAYS 5 H.J. 154
- Vote recorded Motion to amend. Result: pass.Lower
- Vote recorded Do Pass Amended. Result: pass.Lower
- Jan 27House of Representatives Motion to amend , Passed, YEAS 35, NAYS 32 H.J. 153 Amendment HJR5001CMajor
- Jan 23State Affairs Do Pass Amended , Passed, YEAS 10, NAYS 3 H.J. 1
- Vote recorded Do Pass Amended. Result: pass.Lower
- Jan 23State Affairs Motion to amend , Passed, H.J. 1 Amendment HJR5001BMajor
- Jan 23State Affairs Motion to amend , Passed, H.J. 1 Amendment HJR5001AMajor
- Jan 23Scheduled for hearing
- Jan 14First read in House and referred to House State Affairs H.J. 24Introduced
- Mar 2Senate Do Pass Amended , Failed, YEAS 14, NAYS 19 S.J. 433Latest
Government & Ethics