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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When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
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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.
South Dakota
Trading property tax for sales tax: Legislature moves forward with parts of homeowner relief package
PIERRE — Two pieces of a property tax reduction package prepared by South Dakota’s legislative leadership and the executive branch are moving forward, but one bill failed during votes on Monday as lawmakers began the final week of the annual legislative session.
The House of Representatives voted
42-27
in support of
Senate Bill 245
, which would pull future revenue from a scheduled sales tax increase from 4.2% to 4.5% next year into a relief fund for homeowner property taxes, and use nearly $56 million in one-time money to seed the fund before the sales tax increase.
The Senate supported
House Bill 1323
, which would reduce the number of petition signatures needed to force an election on a local government’s decision to levy property taxes beyond limits set by the state. The Senate passed the bill 19-15.
Both bills have to return to the opposite chamber for consideration of amendments.
The Senate rejected
House Bill 1253
, which would cap annual assessment growth for owner-occupied homes and commercial properties at 5% annually and reset assessments back to market value every five years. The bill failed with a 9-24 vote.
The bills are part of a broader,
five-bill legislative package
targeted at property tax relief.
Another bill
in the package, which would allow counties to implement a half-percent sales tax with proceeds going to homeowner property tax credits, is awaiting the governor’s signature after he proposed it and it received both chambers’ approval.
The legislative budget committee is scheduled to consider a fifth piece of legislation in the package on Tuesday.
The bill
would reduce maximum property tax levies for school districts.
Sales tax bill overcomes concerns about future budget needs
SB 245 would capture revenue from the impending sales tax increase to deposit into a “homeowner property tax reduction fund” meant to reduce property taxes levied by school districts. The Legislature and then-Gov. Kristi Noem reduced the state sales tax rate three years ago but scheduled the reduction to sunset in 2027.
House Speaker Jon Hansen, R-Dell Rapids, told lawmakers on Monday that the bill would be an “investment in the people,” because it’ll give South Dakota homeowners more money to spend as they choose. Hansen, the bill’s sponsor and a candidate for governor, said that would lead to more spending and, therefore, more sales tax revenue. The state relies on sales taxes, while counties and schools rely on property taxes, and cities receive revenue from property taxes and sales taxes.
Some opponents said the legislation would favor wealthier, property-owning South Dakotans rather than lower-income renters.
(Photo by Makenzie Huber/South Dakota Searchlight)
Rep. Mike Weisgram, R-Fort Pierre, worried that automatically diverting future state revenue to reduce homeowner property taxes would come at the cost of other priorities, such as annual funding increases for state employees, Medicaid providers and public schools — which are known as the “big three” budget priorities. Lawmakers often
aim
to increase funding for the groups by 3% or inflation, whichever is less. An inflationary increase this legislative session would be 2.5%, according to the state Department of Education.
“We are just clawing to get 1.4% for the big three,” Weisgram said. “I don’t think any of us are proud of that.”
Hansen said the decision “is not an either-or” situation.
“We can help the property taxpayers in the state who desperately, desperately need it,” Hansen said, “and then I trust fully that this state is going to continue to grow and that we are going to be able to meet the needs of our core obligations of this state.”
The bill was introduced as an amendment to placeholder legislation last week, and it will head to the Senate for approval. The Senate narrowly rejected a
similar proposal
earlier this legislative session.
Senate approves lower signature threshold to force election on excess taxes
The version of House Bill 1323 that passed the Senate would set the number of petition signatures needed to force an election on an excess tax levy (often called an “opt-out”) for a local government at 2,500 or 5% of registered voters within its jurisdiction, whichever is less. The current threshold to refer decisions by a local government is 5% of registered voters in the district, without a 2,500 signature cap.
The bill’s sponsor, Sen. Taffy Howard, R-Rapid City, said it will still be difficult to refer decisions by a local government to voters.
“You’re talking dozens and dozens of volunteers, weeks of organized effort,” Howard said. “There’s not a lot of people that have been through that and can even organize that kind of effort. So it’s not a trivial bar.”
Because the bill was amended since it last appeared in the House, it’ll now go to the House for approval.
HB 1253 intended to provide South Dakota homeowners and commercial property owners predictable increases in their property assessments, which factor into property taxes they pay, over five year periods.
But opponents said the change would shift the property tax burden onto farmers and ranchers and surprise homeowners every five years when assessments would be re-based on market value, which could lead to double-digit increases in assessments.
This story was originally published on
SouthDakotaSearchlight.com.
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South Dakota
Political Pulse: South Dakota Senate Majority Leader Jim Mehlhaff on data centers, property taxes and more
RAPID CITY, S.D. (KOTA) – State Senate Majority Leader Jim Mehlhaff joined Political Pulse over the weekend.
Mehlhaff weighed in on property tax proposals, data centers, and effort to repeal the death penalty and speculation that Kristi Noem could run for Senate.
The interviewed was taped on Saturday.
See a spelling or grammatical error in our story? Please click here to report it.
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Copyright 2026 KOTA. All rights reserved.
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