South Dakota
Bill denying eminent domain for CO2 pipelines passes South Dakota House
PIERRE, S.D. — The South Dakota House of Representatives has advanced a bill 49–19 that would ban the use of eminent domain for carbon dioxide pipelines, sending the legislation to the state Senate.
Eminent domain refers to the power to take private property for public use, with just compensation to the owner determined by a court.
Supporters of the bill attended the House debate Monday at the South Dakota Capitol in Pierre and cheered when the vote was displayed. House Speaker Pro Tempore Karla Lems, R-Canton, proposed the legislation and said it does not stop carbon pipelines from being built in the state.
“They just don’t get the supreme power of eminent domain to force their projects down the throats of South Dakota people,” Lems said.
She owns land near the route of the Ames-based Summit Carbon Solutions’ proposed $9 billion pipeline. That project aims to transport some of the CO2 emitted by 57 ethanol plants in five states, including Iowa and eastern South Dakota, to an underground storage site in North Dakota. The project would be eligible for billions in climate-change-related federal tax credits for preventing the release of heat-trapping carbon into the atmosphere.
Summit has voluntary easement agreements with some landowners to cross their land, but needs eminent domain to gain access from landowners who are unwilling to sign easements. It received a permit for the Iowa portion in June, and over vocal public opposition, the Iowa Utilities Board granted it the ability to use eminent domain.
Supporters of the South Dakota bill said carbon pipelines do not meet the public-use standard required for eminent domain, which has typically been used by projects such as water and oil pipelines and electrical transmission lines.
Will Trump keep pipeline tax credits?
Opponents of the bill warned of economic repercussions for the ethanol industry.
“It sends a terrible message to the country,” said Rep. Greg Jamison, R-Sioux Falls.
Rep. Drew Peterson, R-Salem, said the bill could make South Dakota an impediment to President Donald Trump’s energy independence goals.
“Trump supports biofuels,” Peterson said. “We don’t get to affect federal policy, whether we want to or not.”
But House Majority Leader Scott Odenbach, R-Spearfish, said Trump is eliminating unwise environmental policies, and tax credits for carbon pipelines could be next. He said there were three reasons to vote in favor of the bill: voters sent a message in November with the defeat of a referred law perceived as helping carbon pipelines; carbon pipelines are hazardous when they leak; and the Legislature has a responsibility to clarify if carbon pipelines have eminent domain authority.
Gov. Larry Rhoden has not yet indicated whether he would sign the bill.
Attempts to ban eminent domain for carbon pipelines failed during prior legislative sessions, but supporters of the idea used grassroots efforts last year to get their candidates elected to the Legislature and installed in leadership positions, thereby improving the chances for this year’s legislation.
South Dakota Searchlight is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. South Dakota Searchlight maintains editorial independence. Contact Editor Seth Tupper for questions: info@southdakotasearchlight.com.
See Republican Zach Lahn speak after primary win in governor’s race
GOP gubernatorial candidate Zach Lahn speaks to his supporters during an election night watch party on June 2, 2026, in West Des Moines.
The makeup of the Legislature was up in the air as of 1 a.m. after South Dakota’s primary election.
Ten Republican state lawmakers ousted in 2024 are angling to get their seats back in 2026. Results were mixed for the nine who had primaries on Tuesday, with results still coming in for several races and others set for possible recounts.
Shawn Bordeaux of Rosebud won the state’s only Democratic primary, beating Troy “Luke” Lunderman for a chance to return to the state Senate.
Bordeaux will face Chamberlain Republican Rebecca Reimer in November’s general election. Reimer, who was term-limited in the state House of Representatives, beat Lower Brule Sen. Tamara Grove in Tuesday’s primary.
In Watertown’s District 5, Rep. Josephine Garcia fell in a state Senate primary to incumbent Sen. Glen Vilhauer. Garcia beat Byron Callies in the 2024 primary to earn her seat in the House of Representatives, but opted to challenge Vilhauer for his Senate seat instead of seeking reelection to the House.
Callies, Vilhauer and Garcia are all from Watertown.
Vilhauer won with 59% of the vote. His was one of the first state legislative victories of the night reported on the Secretary of State’s website.
Vilhauer won handily, but he said he wasn’t necessarily expecting to as polls opened on Tuesday.
“I knew it was going to be a battle going in,” Vilhauer said. “She worked hard on her side, and I didn’t know what to expect.”
Callies was among the first to call Vilhauer to congratulate him, around 9:30 p.m.
“I’m happy, because Glen’s a solid legislator,” said Callies, who’s angling to win his seat back in the general election.
Garcia did not return a call seeking comment.
In District 21, Sen. Mykala Voita of Bonesteel beat former Sen. Erin Tobin of Winner in a rematch of their 2024 contest, which Voita won by a few dozen votes that year. This time around, Voita bested Tobin by 1,002 votes.
In response to a request for comment, Voita sent a text reading “Glory to God!”
Tobin did not return a call from South Dakota Searchlight about her race after it was called, but said earlier in the evening she would be “at peace” with the results regardless of what they might be.
Another rematch saw Yanktonites Lauren Nelson and Jean Hunhoff battling for District 18’s state Senate seat. Nelson was a newcomer in 2024 when she beat Hunhoff, who’d spent decades in the Capitol between stints in the House and Senate. On Tuesday, Nelson held off Hunhoff, winning by 243 votes.
Other notable races
- District 4 Rep. Dylan Jordan of Clear Lake, first elected in 2024, finished fourth in a five-way race. As of 1 a.m. Wednesday, he trailed Ryan Kohl of Milbank and former Rep. Fred Deutsch of Florence, in first and second place, respectively. A recount is possible in that race, with 59 votes separating the top two vote-getters while Rep. Kent Roe, of Hayti, came in third place, with 72 fewer votes than Deutsch.
- District 4 has two possible recounts. In the other, Bryant’s Stephanie Sauder beat Clear Lake’s Tim Begalka by 105 votes in the unofficial tally from the Secretary of State.
- District 1 Rep. Logan Manhart of Aberdeen, elected in the 2024 primary, fell to Rep. Nick Fosness, a hospital administrator appointed by Gov. Larry Rhoden in 2025, and newcomer Daniel Kjos.
- Another recount was possible as of Wednesday at 1 a.m., in the District 16 race for House of Representatives. Rep. John Shubeck of Beresford trailed Lisa Bogue of Beresford by 245 votes in unofficial results. Jason VanDenTop of Canton was in third place, trailing Shubeck by 68 votes.
Vote totals incomplete
- Sen. John Carley of Piedmont, who won his first term in 2024, trailed William Meirose of Sturgis by 166 votes as of 1 a.m. Wednesday.
- Former Rep. Tyler Tordsen led Rep. Tony Kayser by two votes in the District 14 primary, with results still coming in. The Sioux Falls men are vying for second place and a spot on the November general election ballot alongside Rep. Taylor Rehfeldt of Sioux Falls, who led by more than 600 votes early Wednesday.
- District 28 Sen. Sam Marty of Prairie City was in a close race with former legislator Ryan Maher of Isabel.
- Former Rep. Gary Cammack of Union Center, who lost his seat in 2024, and Gary Deering of Hereford, led Reps. Terri Jorgenson of Piedmont and Kathy Rice of Blackhawk in the District 29 race.
- In District 30, Hot Springs Sen. Amber Hulse led former Sen. Julie Frye-Mueller of Rapid City by more than 1,300 votes.
- Former Sen. David Johnson of Rapid City led Sen. Curt Voight of Rapid City in a rematch of their 2024 race for District 33 Senate in early results.
- Rep. Heather Baxter of Rapid City has signaled her intention to challenge sitting Secretary of State Monae Johnson for the Republican nomination to that constitutional office at the state’s Republican Party convention this summer. In early results, Baxter trailed former Rapid City Rep. Becky Drury and Rep. Mike Derby in the District 34 primary.
- Early results in the District 35 primary put Sen. Greg Blanc, elected in 2024, in a close race with fellow Rapid City resident Nicole Mitzel.
South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
South Dakota
Republican businessman Toby Doeden advances to primary runoff in South Dakota governor’s race
Republican businessman Toby Doeden has advanced to a runoff in South Dakota governor’s race, NBC News projects.
Gov. Larry Rhoden, who replaced Kristi Noem last year when President Donald Trump nominated her to lead the Department of Homeland Security, was battling with Rep. Dusty Johnson and former state House Speaker Jon Hansen for a second spot in the July 28 runoff. The primary will go to a runoff because no candidate eclipsed 35% of the vote.
Trump did not issue an endorsement in the race. Doeden branded himself on his campaign website as “a total political outsider who’s tired of the government’s failure to deliver on its promises” and one of Trump’s “fiercest supporters.”
Rhoden, a former lieutenant governor, agriculture secretary and lawmaker, campaigned on property tax cuts and lowering crime in his bid for a four-year term.
Johnson is the state’s lone representative in the House, where he previously was chair of the Republican Main Street Caucus. Hansen, who was elected to the South Dakota House in 2010, held several leadership positions before he became speaker.
The Republican nominee will be the favorite to win the general election in the solidly red state this fall. A Democrat has not served as governor in South Dakota since the 1970s, and Trump carried the state by 29 points in 2024.
News
Agronomist: eastern South Dakota crops hit and miss
An agronomist in eastern South Dakota says corn and soybeans are hit and miss as the growing season begins.
Steven Zemlicka with AgTegra Cooperative tells Brownfield, “We’ve got corn anywhere from V1 all the way up to V4. Biggest stuff’s maybe touching V5. Corn’s coming right along, looks pretty good. A little bit of hail here too, but I don’t think it’s going to be much of an issue. Stands for the most part are pretty good, pretty solid.”
Zemlicka says soybean emergence has been slow due to the wet, cool conditions, and there are a few fields that still need planted.
“People were still working on planting soybeans when we got the recent rain.”
He says recent rain totals ranged from a half inch to as much as four inches in the northeast part of South Dakota; the southern part of the state has been drier.
South Dakota’s corn is rated 61 percent good to excellent, with soybean conditions rated 57 percent good to excellent, according to USDA’s first condition ratings of the season.
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