Bill prohibiting eminent domain for the use of a CO2 pipeline heads to governor

PIERRE, S.D. (Dakota News Now) – A major blow came Tuesday to carbon capture pipelines in South Dakota.

The Senate passed a bill stripping eminent domain rights pertaining to pipeline projects organized by companies like Summit Carbon Solutions.

Throughout the last few years, it’s been a tough battle between those who believe South Dakota is turning down jobs and those who believe South Dakota needs to protect property rights. Longtime landowner advocate Ed Fischbach said he’s proud of how far this bill has come.

“We were hopeful that we would get it through this session, because of the change in political we’ve had in the legislature, all the work we’ve put in that last year in the primary and general election, and so we’re very pleased where we are at right now,” Fischbach said.

An amendment brought by Senator David Wheeler (R-Huron) would’ve changed the wording of the bill from prohibiting eminent domain for a carbon pipeline to simply just limiting eminent domain requiring a permit from the Public Utilities Commission and 75% of easements obtained voluntarily.

“It’s about every carbon dioxide pipeline that may occur at any point, whether it’s this year, next year or 50 years from now. We’re setting the process at which development can occur,” Wheeler said.

However, the amendment was shut down with some lawmakers, including Tom Pischke (R-Dell Rapids) saying the time for compromise is over.

House Bill 1025 heads to the governor’s desk after passing the Senate 23-12. Governor Rhoden has yet to give a clear answer as to whether he would veto the measure or not.

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