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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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Petition to clarify South Dakota proof of citizenship law shot down over technicality

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Petition to clarify South Dakota proof of citizenship law shot down over technicality


Under state law, any “interested person” can petition state boards to change administrative rules.

But South Dakota citizens and organizations don’t qualify as “persons” under that chapter of state law. The existence of that limitation surprised some members of the state Board of Elections on Wednesday during a meeting called for the express purpose of voting to advance or defeat a rules package the body spent two hours pondering last week.

The League of Women Voters leaned on what it believed to be its right to petition state board earlier this month when it offered the board a series of rule changes the group argued were necessary to standardize the administration of a new state law that requires first-time voter registrants to provide proof of U.S. citizenship.

The board dismissed the petition in a 5-2 vote on Wednesday after one of the board members told the group that the advocacy nonprofit lacks the legal standing to ask for the changes.

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Last minute check of statutes calls petitioners’ status into question

The definition of a “person” able to petition a state board for a rule change only includes political subdivisions or agencies of the state, board member and retired Rapid City attorney Scott McGregor said.

McGregor did not attend the initial board meeting last week when the petition was presented, but he reviewed the matter over the weekend, he told South Dakota Searchlight after the meeting. With a 40-year career “making legal arguments based on statutory interpretations,” McGregor also reviewed relevant laws regarding the petition process.

McGregor said he wanted to see if “interested person” had a broad enough definition to include organizations such as the League of Women Voters.

“‘Person’ in various contexts has an awful lot of definitions,” McGregor said. “It depends on the section of the law you’re dealing with and the level of government you’re dealing with.”

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McGregor spoke with the Secretary of State’s Office and its legal counsel earlier this week to confirm his interpretation. Deputy Secretary Tom Deadrick told McGregor that other agencies have accepted rule petitions from individuals.

“Even if other agencies have done it,” McGregor told Searchlight,” that doesn’t change the law.”

McGregor told board members he was “shocked” by the limitations.

“That may be an oversight, but that’s all that’s in there,” McGregor said during the meeting.

Board member Kent Alberty said he was “disappointed” that the law’s restrictions on petitioners wasn’t shared with board members earlier. Alberty, during last week’s meeting, said that he saw a need for at least some standardization in procedures in the administration of the citizenship requirement.

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Alberty voted against the dismissal on Wednesday, as did Dewey County Auditor Jamalia Franzen.

McGregor told South Dakota Searchlight that the law should be reviewed legislatively.

“There is a certain unfairness to it,” McGregor said.

Acceptable documents for proving one’s citizenship under the new law in question on Wednesday include a birth certificate, passport, driver’s license, non-driver’s identification card or tribal identification card, or “any other type of acceptable documentation” under federal law. Photocopies of most of those documents are acceptable, but registrants using state- or tribally issued identification cards must have the physical cards with them.

If a voter does not provide necessary documentation, they are registered as federal-only voters and cannot participate in local or state elections.

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The League of Women Voters proposals included:

  • Allowing photocopies of identification cards, such as tribal IDs and driver’s licenses, to be used as proof of citizenship.
  • Recognizing tribal identification cards from any federally recognized tribe, rather than just the nine tribes in South Dakota.
  • Allowing voters designated as federal-only an opportunity to cast provisional ballots for local elections while appealing their eligibility.
  • Adding specific language to the state’s voter registration form to explain that not offering a physical South Dakota address would cause them to be designated as federal-only voters.
  • Adding language to notifications confirming a voter’s registration clearly saying if the registrant is a federal-only voter, as well as language explaining how to remedy the situation.

South Dakota Secretary of State Monae Johnson was ill during last week’s board meeting, at which the group took testimony from supporters of each rule. No one from her office was on hand to rebut the supporters, but her staff did file written responses in opposition.

On Wednesday, Johnson told the board that the new law, as written, does not allow photocopies of driver’s licenses, only the original card. She added that while no formal appeal process exists for voters registered as federal-only, they can remedy their status by resubmitting their registration with proper documentation.

“The League of Women Voters and other concerned organizations could look at amending the current law in the 2027 legislative session, if that is their wish,” Johnson said.

Johnson will not be seeking re-election for secretary of state in November. She lost the Republican nomination at last month’s state party convention to state Rep. Heather Baxter, who supported the bill that created the new law during the legislative session and will oversee its administration if elected. Baxter will face Democratic nominee Terrence Davis in the general election.

Baxter submitted public comment ahead of Wednesday’s meeting and compared the proposed changes to presenting a photocopy of identification to get through security at the airport or purchase alcohol. The state Department of Public Safety does not accept photocopies of identification documents, Baxter said.

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“So why allow the League to make such changes to what law already clearly states as well as other state departments?!” Baxter wrote.

Amy Scott-Stoltz, president of the League of Women Voters of South Dakota, said the organization is “disappointed” in the board’s decision and “reviewing our options” regarding advancing its proposals and challenging the board’s dismissal.

The group’s petition was meant to make sure the new law is “uniformly implemented across the state and that voters and county auditors alike would have clear guidance about their obligations under the law in advance of the November election,” Scott-Stoltz said.

“We intend to continue our work in South Dakota to ensure that every American citizen can access the ballot box,” Scott-Stoltz said.

— This story was originally published on southdakotasearchlight.com.

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SD Lottery Powerball, Lotto America winning numbers for July 8, 2026

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The South Dakota Lottery offers multiple draw games for those aiming to win big.

Here’s a look at July 8, 2026, results for each game:

Winning Powerball numbers from July 8 drawing

12-29-37-43-55, Powerball: 18, Power Play: 4

Check Powerball payouts and previous drawings here.

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Winning Lotto America numbers from July 8 drawing

17-26-31-32-37, Star Ball: 01, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Dakota Cash numbers from July 8 drawing

07-11-18-31-33

Check Dakota Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from July 8 drawing

16-18-43-48-50, Bonus: 01

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Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

  • Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
  • Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
  • Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

  • Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
  • Mega Millions: 10 p.m. CT on Tuesday and Friday.
  • Lucky for Life: 9:38 p.m. CT daily.
  • Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
  • Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
  • Millionaire for Life: 10:15 p.m. CT daily.

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.



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South Dakota man faces abuse charges after authorities called to NW Iowa casino

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South Dakota man faces abuse charges after authorities called to NW Iowa casino


LARCHWOOD, Iowa (KIWA) – A Tea, South Dakota man has been arrested on a felony domestic abuse charge after an incident near Larchwood.

According to a criminal complaint filed with the Lyon County Clerk of Court’s Office by the Iowa State Patrol, 45-year-old Beau Christensen of Tea is accused of assaulting his girlfriend in their hotel room at Grand Falls Casino & Golf Resort near Larchwood. He was arrested on Wednesday, July 8.

In his statement, the state trooper who filed the report says Christensen put his hands around the victim’s neck. The victim stated she could not breathe while this was happening.

Christensen was charged with domestic abuse assault – impeding air or blood flow, a class D felony. If convicted, he could face up to five years in prison. He also faces a misdemeanor charge of possession of marijuana.

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He faces a preliminary hearing on Friday, July 10.

At last report, Christensen remained in the Lyon County Jail in Rock Rapids in lieu of a $6000 bond.

Want to get the latest news and weather from Siouxland’s News Source? Follow these links to download our KTIV News app and our First Alert Weather app.

Copyright 2026 KTIV. All rights reserved.



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