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Summit Carbon would need written consent to perform land surveys under new SD bill

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Summit Carbon would need written consent to perform land surveys under new SD bill


A bill changing one of South Dakota’s property access laws could shift power toward landowners affected by Summit Carbon Solutions’ proposed multi-state pipeline network.Rep. Scott Moore and Rep. Karla Lems introduced House Bill 1079 on Thursday. The bill, if passed, would mandate that those proposed pipeline and similar projects would also need to obtain written consent from property owners for surveyors to enter their lands.

It’s one of the first bills introduced this session that was created in response to Summit Carbon Solutions’ controversial carbon dioxide sequestration project in South Dakota.

Currently, persons or organizations with eminent domain authority are able to access private property to conduct land surveys or examinations with or without permission if certain criteria are met.

This includes:

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  • having an active siting application with the South Dakota Public Utilities Commission;
  • providing 30-day written notice, including the filing and expected dates of entry, to the owner and any tenant in possession of the private property;
  • and making a payment to the property owner, or provide sufficient security for the payment, for any actual damage done to the property by the entry.

But, under the proposed amendment, energy groups would also need to obtain written consent from landowners permitting access to their property at the scheduled date and time.

If all four criteria are not met, the PUC would have to approve the energy project’s permit application for surveys to take place.

This bill would directly affect companies like Summit Carbon, an Iowa company proposing to build a 2,000-mile, $5.5 billion pipeline through South Dakota and four other states. More than 400 miles of the pipeline would run through eastern and northeastern South Dakota if the project is completed.

Pipeline and similar companies use the results from surveys and examinations to determine whether the lands along their transmission project’s route can safely and adequately host new infrastructure.

HB 1079 was spurred by lawsuits filed by landowners in Brown, Edmunds, McPherson and Spink counties in 2022. The landowners sued Summit Carbon to prevent the Iowa company from accessing their property to conduct surveys to route their pipeline.

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However, a South Dakota judge ruled in Summit Carbon’s favor in April and granted the company the right to access the property owners’ lands without permission. The company later followed through on those land surveys, sparking criticism from property rights advocates, affected landowners and some legislators.

More: Senator Mike Rounds: Summit Carbon gave itself a ‘black eye’ after controversial land surveys

Landowners have since appealed the decision to the South Dakota Supreme Court. It remains to be decided whether the judicial tribunal will pick up the case, as Summit Carbon initiated a motion in December to have the case dismissed.

Bruce Rastetter, CEO of Summit Ag Group, Summit Carbon’s parent company, told Bloomberg in October the project would be delayed until early 2026. This news came a little more than a month after the South Dakota Public Utilities Commission unanimously denied the company’s permit application for their Midwest Carbon Express pipeline.

Lems, Moore and Rep. Jon Hansen also teased two other pieces of pipeline-related legislation Monday, ahead of the 99th South Dakota Legislative Session that started Tuesday.

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One of those is a bill which would prevent “condemnation of property owners before a permit is granted by the PUC.”

Condemnation actions are among the “sting[s] of eminent domain abuse,” as Lems described Monday, that have threatened South Dakota property owners.

In April, Summit Carbon filed more than 80 condemnation lawsuits against property owners who refused to sign easement agreements to acquire their land through eminent domain, as the Argus Leader first reported. Another 80 were brought at a later date, but the company later vowed to dismiss all 160 proceedings against the landowners.

More: South Dakota legislators aiming to find ‘compromise’ in CO2 pipeline bills

Based on previous Argus Leader reporting, lawmakers are anticipating the introduction of similar bills with likely lighter restrictions on carbon dioxide sequestration and other projects than those drafted by Moore and Lems. However, they have yet to be introduced this session.

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House Bill 1079 has yet to be heard before the state House of Representatives.

Summit Carbon Solutions declined to comment for this article.



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Abelman and Northern Arizona host South Dakota State

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Abelman and Northern Arizona host South Dakota State


Associated Press

South Dakota State Jackrabbits (4-4) at Northern Arizona Lumberjacks (4-2)

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Flagstaff, Arizona; Wednesday, 8 p.m. EST

BETMGM SPORTSBOOK LINE: Jackrabbits -2.5; over/under is 149.5

BOTTOM LINE: Northern Arizona faces South Dakota State after Ryan Abelman scored 20 points in Northern Arizona’s 79-72 victory over the Southeast Missouri State Redhawks.

The Lumberjacks have gone 4-0 at home. Northern Arizona scores 81.2 points and has outscored opponents by 5.5 points per game.

The Jackrabbits are 0-2 in road games. South Dakota State ranks seventh in the Summit League shooting 30.9% from 3-point range.

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Northern Arizona makes 47.9% of its shots from the field this season, which is 7.5 percentage points higher than South Dakota State has allowed to its opponents (40.4%). South Dakota State averages 71.6 points per game, 4.1 fewer than the 75.7 Northern Arizona allows.

TOP PERFORMERS: Zack Davidson is shooting 62.1% and averaging 16.8 points for the Lumberjacks. Abelman is averaging 2.5 made 3-pointers.

Jaden Jackson is averaging 12.1 points and 1.5 steals for the Jackrabbits. Joe Sayler is averaging 11.1 points.

___

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.

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South Dakota’s lean fiscal budget sees ‘flat’ revenues, sales tax dip

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South Dakota’s lean fiscal budget sees ‘flat’ revenues, sales tax dip


PIERRE — Gov. Larry Rhoden’s first budget address as governor is in the books.

And it was a “straightforward” budget without many surprises, as multiple lawmakers told the Argus Leader.

Rhoden presented his recommended budget Dec. 2 for South Dakota’s fiscal year 2027 at the State Capitol Building.

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The Republican governor asked lawmakers to budget $7.44 billion in state fiscal year 2027, up from the $7.28 billion recommended by former Gov. Kristi Noem for FY2026. FY2027 is split between about 34% state funds, 42% federal funds and 23% funds marked as “other.”

Rhoden is also leaving about $14 million for lawmakers to divvy up during the upcoming Legislative Session in January. And an additional 135 full-time staff have been recommended for the next fiscal year, up from a budgeted 14,095 in FY 2026.

But Rhoden, who is only serving a partial term as governor after having taken over the reins from Noem last January and now faces reelection in 2026, is taking on the state’s fiscal goals and ambitions amid slim revenue projections and realities.

“I won’t sugarcoat it: Revenues have been pretty flat – only rising slightly,” Rhoden told lawmakers during his address. “But we have to keep the context in mind. We’re coming off some of the strongest years in our state’s history – or in any state’s history. Our economic growth may have slowed, but we’re comparing that to the fastest growth that South Dakota has ever seen.”

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Ongoing sales and use tax collections suffered in FY25 before bounce back

More than half of the state’s overall revenue picture is made up of an ongoing sales and use tax, which saw a fiscal year-to-year decrease.

South Dakota FY2025 collected about $1.43 billion from the state sales and use tax — a 1.5% decrease compared with FY2024. Data from the state’s Bureau of Finance & Management indicates several months measured in FY2025 saw dips in sales and use tax growth.

The Rhoden budget estimates the FY2026 collections will reach about $1.5 billion and $1.56 billion in FY2027.

State sales and use tax revenue has seen month-to-month growth since June, with a more-than-8% increase in October.

“We’ll be getting November numbers any day now,” Rhoden said. “Year-to-date, we’re about where we want to be. 4% to 5% growth is pretty typical for South Dakota, but it also means we don’t have a ton of headroom.”

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South Dakota’s farm sector sees impacts of Trump tariffs; Rhoden says to ‘pray for rain’

Recent data shows the Midwest has seen economic swings in the agriculture and commodity markets — and Rhoden had to acknowledge it, at least in part.

According to a recent study by The Dakota Institute, a nonprofit economic research firm, South Dakota saw its real gross domestic product (GDP) shrink by 3.1% in Q1 of 2025 — neighboring states saw similar impacts.

It later rebounded in South Dakota with 5.2% annualized growth in Q2 of 2025. But President Donald Trump’s tariff strategy and an international trade war underlined the volatile nature of in the state’s corn, soybean and wheat prices, which have dropped since to lowest prices in years, while U.S. beef cattle prices are at record highs.

“The weakness reflected ongoing pressures from trade disruptions through the implementation of tariffs and a mass renegotiation process of multiple trade agreements,” The Dakota Institute’s study indicated. “This volatility — contraction followed by robust recovery within six months — underscores both the region’s vulnerability to external shocks and its capacity to bounce back when conditions stabilize.”

“When ag does well, the state does well,” Rhoden said. “But when ag struggles, our growth tends to slow down … Historically, there’s been a correlation between our sales tax collections and farm income. So let’s pray for rain and for President Trump to be successful in his trade negotiations.”

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Medicaid spending overtakes K-12 dollars in FY27

Medicaid, one of South Dakota’s largest fiscal responsibilities, has grown “far faster than any other area of the budget,” Rhoden said.

“In fact,” Rhoden added, “for the first time in state history, Medicaid is a bigger share of the general fund than K-12 education.”

According to the BFM, the state’s Medicaid budget has grown by $360 million since 2020 to $758 million. Rhoden budgeted $725 million for K-12 education.

The state’s share of the Federal Medical Assistance Percentage, which determines matching each state’s federal match, now represents $105 million. South Dakota’s coverage share went up by 0.86%, from 48.47% to 49.33%.

State employees won’t see budgeted raises in next fiscal year

Breaking from his predecessor, who pushed for state employee raises during her tenure as governor, Rhoden revealed that employees for the state won’t see a baseline raise to their salaries in FY2027.

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Rhoden said the state budget includes a “modest investment in our State Employee Health Plan,” specifically a $3 million investment in health plan reserves. The Republican governor added there are also “plan changes” in the works to prevent employees’ healthcare costs from going up, “since we won’t be able to give them a raise this year.”

But Eric Ollila, executive director and lobbyist for the South Dakota State Employees Organization, told the Argus Leader following the budget address that Rhoden’s budget picture doesn’t account for healthcare deductibles.

Ollila also said the “plan changes” that Rhoden teased were too vague for his liking. He later expressed concern that the changes would be passed through to state employees.

“What it’s not going to do is save employees 100% of the healthcare costs,” Ollila said.

Rhoden recommends raising reserve allocation to 12.5%

Rhoden plans to increase the state’s budget reserve from 10% to 12.5%

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The governor attributed his desire to raise reserves based on “continued slower revenue growth and weakness in the farm sector.”



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Call for artists to create art for South Dakota State Buildings Program

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Call for artists to create art for South Dakota State Buildings Program


RAPID CITY, S.D. (KOTA) – The South Dakota Arts Council is seeking submissions for the Art for State Buildings Program. South Dakota artists have until March 1, 2026, to submit purchase proposals for consideration.

The Art for State Buildings program was created for the purpose of creating a permanent collection for the State of South Dakota and exhibiting the work of talented South Dakota artists in areas of state government buildings with public access. Work purchased will be installed in public access areas of the Capitol and other state buildings in Pierre.

Any South Dakota artists whose body of work has contributed to the state’s cultural heritage and development are encouraged to submit their work. Artists may propose one artwork for purchase.

Proposals will be reviewed by an advisory committee to the South Dakota Arts Council.

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Selection will be based on:

  • Quality of the proposed work and relevance to the artist’s career;
  • The artwork’s relevance to South Dakota’s environment, history, heritage, or culture;
  • The applicant’s professional arts experience; and
  • Physical attributes of the artwork regarding durability and safety in a public setting

Submissions must be received through the South Dakota Arts Council’s online Artwork Archive platform. The complete request for proposal and submission instructions are posted at https://artscouncil.sd.gov/directories/artstatebldgs.aspx. For assistance call 605-773-3102 or email sarah.carlson@state.sd.us.

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