South Dakota
Property rights coalition proposes more limits on eminent domain in SD
Rally against eminent domain for carbon pipelines held at Iowa Capitol
Iowa lawmakers and landowners spoke at a rally at the Iowa Capitol Rotunda against eminent domain for carbon capture pipelines.
- A South Dakota coalition is proposing new legislation to further limit eminent domain and increase landowner protections.
- One proposal is a state constitutional amendment to ban the use of eminent domain for private gain.
- Another bill, named the “Bossly Bill,” aims to protect landowners from invasive tactics during land access negotiations.
PIERRE, S.D. — The South Dakota coalition that successfully pushed for a state ban on eminent domain for carbon capture pipelines last winter will propose broader limits on eminent domain and more protections for landowners this legislative session.
Sen. Mark Lapka, R-Leola, announced the efforts. One would send a proposed state constitutional amendment to voters in November that would further restrict eminent domain.
“Codified law is too easily amendable over time,” Lapka said. “It’s the constitutionally protected rights that hold firm forever.”
The amendment would “eliminate eminent domain for private gain,” Lapka said, while allowing for public works projects such as public highways, water lines and other infrastructure.
Eminent domain is a legal process for gaining access to privately owned land when a deal can’t be reached with landowners. It’s often used for public infrastructure projects. It became controversial in South Dakota when Iowa-based Summit Carbon Solutions attempted to use it for a five-state pipeline that would capture carbon dioxide from ethanol plants and transport it to an underground sequestration site in North Dakota. The project would benefit from federal tax credits incentivizing the prevention of heat-trapping emissions into the atmosphere.
Landowner opposition to the Summit project in South Dakota culminated in the Legislature’s passage of a law last year banning carbon pipelines from using eminent domain. Summit is still pursuing the project and has permits in other states, but has been denied permits twice by South Dakota’s Public Utilities Commission.
Lapka announced his new proposals at a property rights rally Monday in the state Capitol rotunda, attended by dozens of South Dakota farmers, ranchers and lawmakers.
SD bill named after Jared Bossly of Aberdeen
Along with the constitutional amendment, Lapka announced what he’s calling the “Bossly Bill,” named for Jared Bossly, of rural Aberdeen, who is suing Summit Carbon Solutions for allegedly trespassing on his land while it was asserting its right to use eminent domain.
Lapka said the bill will mirror language in a decision by the South Dakota Supreme Court in 2024. The decision said Summit had not proven it was a common carrier. That meant the company could not use eminent domain to access landowners’ property.
Lapka’s bill would “clean up” the language that exists in state law, he said, and protect against “invasive tactics.”
There was a bill introduced last legislative session that would have empowered citizens to sue for allegedly deceptive practices, fraud, harassment, intimidation or misrepresentation during the acquisition of land access agreements by carbon pipeline land agents. The bill narrowly failed in the Senate after passing the House.
The text of the bills announced by Lapka had not been released as of Monday afternoon. The 2026 session of the South Dakota Legislature begins Tuesday and continues through March.
South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.