New Bill HB1052 Would Eliminate Eminent Domain Use For Carbon Pipelines In South Dakota

On January 13, nearly 400 landowners and South Dakota citizens gathered at the South Dakota Capitol Rotunda for a private property rights rally to kick off the 2025 legislative session. Speakers included Speaker of the House Rep. Jon Hansen, Brown County Commissioner Drew Dennert, Senator Mark Lapka, Spink County landowner Ed Fischbach, and Davison County rancher Amanda Radke. 

During the rally, Rep. Karla Lems (R.-Canton), who was recently voted by her peers and sworn in to serve as the House Speaker Pro Tempore, introduced a bill she is calling, “The People’s Bill,” HB1052, which would prohibit the exercise of eminent domain for a pipeline that carries carbon oxide.

“This bill gives the keys of property ownership back to the people,” said Rep. Karla Lems. “This bill provides Constitutional certainty and legislative certainty, as well as peace of mind, to impacted landowners who want to say ‘no thank you’ to a carbon pipeline project going in their backyard.” 

Senator Mark Lapka (R.-Leola), will be the prime sponsor of HB1052 in the Senate. He says this bill is a direct response to the will of the people, and now is the time for the legislature to act to ensure good business dealings can continue to take place in the state. 

“HB1052 does not stop a carbon pipeline project; however, it does ensure that consenting landowners can participate, while others can opt out,” said Senator Lapka. “This bill is a commonsense solution to an ongoing issue, and it’s focused on addressing the condemnations that so many landowners have received in the last couple of years by carbon pipeline companies. Let’s keep South Dakota, South Dakota, and ensure that property ownership remains intact in our state.” 

The bill has been introduced and referred to the House State of Affairs, and many legislators are signing on to co-sponsor in support including: Representatives Lems (prime), Andera, Auch, Aylward, Baxter, Emery, Gosch, Greenfield, Hughes, Hunt, Ismay, Jensen (Phil), Jordan, Kayser, Manhart, Moore, Mulally Nolz, Novstrup, Overweg, Reder, Schaefbauer, Schwans, and Sjaarda, as well as Senators Lapka (prime), Carley, Grove, Hohn, Howard, Jensen (Kevin), Karr, Nelson, Perry, Pischke, and Voita. 

Updates on the bill can be found here: https://sdlegislature.gov/Session/Bill/25581

The bill has now been referred to the House State of Affairs committee, and we are waiting to hear the date this bill will be discussed and open for public testimony. Follow updates on the bill here: https://sdlegislature.gov/Session/Bill/25581  

 Some FAQS about HB1052:   

- This bill will eliminate the use of eminent domain for carbon pipelines and is in direct response to the mandate given by the people who have clearly, repeatedly, and consistently asked for protections and guardrails on this topic.    

- The defeat of RL21 in 65 of 66 counties with 59% of the vote should empower the legislators to act to shore up our private property rights. HB1052 provides Constitutional clarity and legislative clarity for the people of South Dakota.  

- HB1052 does not halt construction on any project; however, it gives the keys to property ownership rightfully back to the people, allowing for an even playing field in negotiations with a carbon pipeline company. Landowners still have the ability to participate in a project, while others can say, "No, thank you. Please, go around." 

- HB1052 has zero risk of regulatory drift on other industries. It is a clear and focused bill that addresses the hardships that landowners on a proposed carbon pipeline route have endured for years as they have experienced lawsuits and condemnations on their property for a carbon pipeline project that they do not want to participate in.  

- The South Dakota Supreme court has ruled twice that the carbon pipeline companies do not have authority to use eminent domain or to invasively surve on land where they are not welcome. HB1052 reinforces this ruling, and the legislature absolutely has the authority to act upon this ongoing issue.  

- HB1052 allows South Dakota to remain South Dakota, where good fences make good neighbors, and we can continue to build, innovate, grow, and create in the state, without infringing on the God-given, Constitutionally-protected private property rights of individuals and families.  

Please, contact your legislators today and encourage them to support HB1052. An email list can be found here: https://sdlegislature.gov/Legislators/Listing/70