South Dakota
Referred Law 21: A landowner bill of rights or an undermining of local control • South Dakota Searchlight
The measure on South Dakota’s Nov. 5 ballot that addresses carbon dioxide pipelines is either a bill of rights for landowners or a seizure of authority from local governments, depending on the person describing it.
During the last legislative session in Pierre, state lawmakers passed and Republican Gov. Kristi Noem signed Senate Bill 201. Opponents gathered more than 31,000 petition signatures to refer the law to voters. On the ballot, it’s Referred Law 21. A yes vote supports the law passed by legislators and Noem, while a no vote opposes the law.
The law would implement a list of protections and incentives for landowners and counties impacted by the construction of carbon dioxide pipelines. That’s the “bill of rights” part, according to the law’s supporters.
But it would also require local governments to demonstrate to state regulators that their restrictions on pipeline locations are reasonable, rather than the pipeline company having to prove those regulations are unreasonable. That’s the seizure of local authority, according to the law’s opponents.
The path to the ballot
The genesis of the debate over carbon pipelines is a proposal from Iowa-based Summit Carbon Solutions. It has partnered with ethanol producers, including Sioux Falls-based Poet, to capture some of the CO2 emitted by 57 ethanol plants in several midwestern states — including eastern South Dakota — and send it via pipeline for underground storage in North Dakota. The project would capitalize on federal tax credits that incentivize the prevention of climate-warming greenhouse gas emissions.
Some landowners along the pipeline route oppose the project because they don’t want the pipeline under their land. They oppose Summit’s attempted use of eminent domain to gain court-ordered access to their land and are concerned about potentially deadly leaks of carbon dioxide plumes. Similar debates are occurring in other states on the proposed route. Iowa has granted the project a permit, but it’s contingent on approval in the Dakotas, where Summit has not yet obtained permits.
Legislative sponsors of what became Referred Law 21 described it as a compromise between pipeline opponents and supporters, guaranteeing protections and incentives for landowners while maintaining a regulatory path for pipelines. The compromise effort arose after some legislators failed in their efforts to ban eminent domain for carbon pipelines. Referred Law 21 does not address eminent domain.
Another factor in the debate over the legislation was the role of counties. Some county commissions, prodded by pipeline opponents, have passed local ordinances with strict restrictions on the locations of pipelines.
Under existing law, those local ordinances apply unless the state Public Utilities Commission decides to declare them unreasonably restrictive. If Referred Law 21 takes effect, the burden would flip. Counties would have to prove to the state commission that their ordinances are reasonable.
The proposed law says that once the state issues a permit for a transmission project such as a pipeline, it automatically overrides any local rules. Local regulations would no longer be applicable unless state regulators require compliance with local laws as part of the permit.
Some proponents of Referred Law 21 say current state law makes it too easy for a local body opposed to a multi-state pipeline project to hold up construction. They say if local officials are confident their regulations are reasonable, they can rest easy knowing state regulators will uphold them.
“There is no wording in Senate Bill 201, now Referred Law 21, that diminishes the counties’ rights in any way,” said Walt Bones, a proponent of the law, during a September debate in Mitchell. Bones is a former secretary of the state Department of Agriculture.
Opponents are not buying it.
“Senate Bill 201, now Referred Law 21, takes away the voice of those local governments,” argued Jim Eschenbaum, an opponent of the law. Eschenbaum is a Hand County commissioner.
Landowner bill of rights
The law includes landowner protections, coined the “Landowner Bill of Rights” by backers in the Legislature.
They include requiring carbon pipeline companies, rather than landowners or local governments, to be liable for any damages caused by pipelines. The pipelines would also have to be buried at least 4 feet deep, and companies would have to share their pipeline rupture modeling data.
Counties could also collect a surcharge of up to $1 per linear foot of CO2 pipeline, with at least half of the money going toward property tax relief for affected landowners. The remaining funds could be used at the county’s discretion.
Plus, local governments could require transmission projects such as pipelines to enter road usage agreements to help pay for the maintenance and repair of roads damaged during construction activity.
“This is all about landowner rights, and getting some funding source back to counties,” Bones said. “That’s all this is. It’s not a referendum on a pipeline. It’s nothing more than this list of landowner rights and protections, and a funding source.”
Opponents say many of the protections and incentives in the bill are already part of county and landowner negotiations with Summit.
“They call it the ‘Landowner Bill of Rights.’ It is Summit’s bill of rights,” said Eschenbaum during a recent rally in rural Canton. “They said they’d do all that stuff before drafting the bill even started.”
Eschenbaum added during his September debate with Bones that “the Legislature has no business negotiating terms on peoples’ private property.”
Proponents counter that landowners could still negotiate the location of the pipeline, how much they will be paid, and additional easement terms.
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The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at June 20, 2026, results for each game:
Winning Powerball numbers from June 20 drawing
16-20-44-48-50, Powerball: 15, Power Play: 2
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from June 20 drawing
08-14-31-41-52, Star Ball: 04, ASB: 03
Check Lotto America payouts and previous drawings here.
Winning Dakota Cash numbers from June 20 drawing
02-09-15-27-34
Check Dakota Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from June 20 drawing
01-10-16-30-31, Bonus: 04
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
- Millionaire for Life: 10:15 p.m. CT daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
SIOUX FALLS, S.D. (KELO) — You can celebrate Juneteenth in central Sioux Falls Saturday. The festivities start at 10 a.m. in Fawick Park with a Freedom Walk. Activities also include a Spoken Word, Car show demonstration, community games, a fashion, art and beauty expo, a talent show and a DJ battle.
Also in central Sioux Falls is the Festival of Cultures hosted by Lutheran Social Services. The American Patchwork Quartet will perform at 11 a.m. and Nepali dancers NSKK will take the stage at 12:30. It’s all happening at the Sioux Falls Coliseum. Then, the Parade of Flags will take place at 7:20 p.m. at the Levitt Lawn.
Join cancer survivor Lisa Soundy for for a Walk and Talk about cancer survivorship. Hear Lisa share her personal experience with cancer. The event starts at 9:30 a.m. at the Prairie West Library in western Soiux Falls. It is hosted by Avera McKennan Hospital.
Fly a kite at the Brookings Kite Festival. It goes from 10 a.m. to 4 p.m. Saturday and Sunday and a lighted kite show will go from 8:30 to10 in the evening on Saturday. It takes place at the Fishback Soccer Complex and will also include food trucks and kids games.
Also, enjoy the final day of Czech Days in Tabor. The festivities include a craft fair, kiddie parade, dumpling making demonstration and a lot more. The festivities start at 7 a.m. with a 5K and run through the night.
Head to Sioux Valley Cycle Club in Sioux Falls for an ATV race. Gates open at 1 p.m., practice starts at 3:45, and racing starts at 4:45. Admission is $10, but kids 6 and under are free.
Take in Teapot Days in Tea, South Dakota. Events include a parade at 10 a.m., the Mighty Thomas Carnival beginning at noon and fireworks at 10:15 in the evening in the city park.
Take a lunch break and enjoy live music in downtown Sioux Falls. Head to the Ampt! event at the Phillips Avenue Plaza from 11:30 a.m. to 1:30 p.m.
You can enjoy more music downtown later in the night at Levitt at the Falls. Hear folk songs from the American Patchwork Quartet and openers Alma Latina Grupo Multicultural and the Levitt Vocal Jam Camp Showcase. The music starts at 7 p.m. Admission is free.
There’s also free music to enjoy west river throughout the afternoon and evening at Wild Bill Days on Main Street in Deadwood. Other events include a downtown art festival, gold panning and blacksmithing demonstrations from 10 a.m. to 8 p.m.
See if you can catch any fish at Family Park in western Sioux Falls. All the needed gear is provided, but you can bring your own gear if you would like. It goes from 9 a.m. to 11 a.m., and it is completely free.
There’s another fishing opportunity much further north. Head north to Roy Lake State Park for Cops and Bobbers and fish with local law enforcement. All the needed equipment and bait will be provided. It goes from 9 a.m. to 11 a.m. at the Roy Lake Store Docks and fishing pier. A park pass is required.
Help support Feeding South Dakota at the 13th annual Prime Time Gala & Concert. The event includes a silent auction, live auction, food and music from Dierks Bentley, Muscadine Bloodline and Elizabeth Jo. Guest Check-in is at 4 p.m. at the Denny Sanford Premier Center.
Catch a show at the Orpheum Theater. It’s the last weekend to see Legally Blonde presented by the Premiere Playhouse. The show starts at 7 p.m.
Experience a yarn adventure at Prairie Road Yarn in Sioux Falls. The Yarn Adventure Truck will be paying a visit from 9 a.m. to 5 p.m.
The Falls Park Farmers market in Sioux Falls is open from 8 a.m. to 1 p.m. The Brandon Farmers Market is open from 9 a.m. to 1 p.m. at 925 N. Splitrock Boulevard. The Brookings Farmers Market is open from 9 a.m. to noon in the 300 block of 6th Avenue.
The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at June 19, 2026, results for each game:
Winning Mega Millions numbers from June 19 drawing
13-16-21-26-50, Mega Ball: 12
Check Mega Millions payouts and previous drawings here.
Winning Millionaire for Life numbers from June 19 drawing
02-20-28-51-54, Bonus: 02
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
- Millionaire for Life: 10:15 p.m. CT daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
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