South Dakota
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:
- 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.
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.
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.
House Bill 1079 has yet to be heard before the state House of Representatives.
Summit Carbon Solutions declined to comment for this article.
South Dakota
Nature: Prairie chickens in South Dakota
South Dakota
Democrats fail to field candidates for a majority of South Dakota legislative seats
(SOUTH DAKOTA SEARCHLIGHT) – Democrats are running for 46 of South Dakota’s 105 legislative seats — leaving 56% of seats without a Democratic candidate.
That doesn’t bode well for the party ahead of November, said Michael Card, professor emeritus of political science at the University of South Dakota.
“It doesn’t put them in a position to actually put forward their ideological policy preferences and have much of a success at getting those enacted,” Card said.
In the state Senate alone, Democrats have failed to field a candidate for 22 seats, which is nearly two-thirds of the chamber. In the House, Democrats have failed to field a candidate for 38 seats, which is 54% of the chamber.
There is only one Democratic legislative primary in the state: a state Senate race in District 26, which includes the Rosebud Reservation.
There are no statewide Democratic primaries, after announced candidates for governor and U.S. House dropped out or failed to gather enough petition signatures to make the ballot, leaving one Democrat in each of those races.
Statewide candidates will have less name recognition than Republican candidates ahead of the general election, since they didn’t have primaries, Card said. In the Legislature, Card said Democrats “are guaranteeing they won’t get a majority.”
In contrast, Republicans have primary races for governor, U.S. House and U.S. Senate. Five legislative districts do not have Republican primaries, but do have Republican candidates. There is a Republican candidate running for every legislative seat, except for one House seat in District 27, which includes the Pine Ridge Reservation.
Card said there are several factors leading to poor candidate turnout among Democrats, including a self-fulfilling cycle of failure.
“A lack of winning makes fewer people willing to take a chance on running for office,” Card said. “Why run if I think I’m going to lose?”
Democrats haven’t held a statewide office since 2015, and they haven’t held a majority of either legislative chamber since 1994.
Joe Zweifel, deputy executive director of the South Dakota Democratic Party, said the organization worked “really, really hard” to convince Democrats to run for office.
“But you can’t force people to run for office,” said Zweifel, of Sioux Falls, who’s running for a legislative seat himself in District 12.
He’s heard the open seats called a “failure.” But he disagrees, choosing to focus on the Democrats who did step forward.
“We’re running quality, good candidates in those races,” Zweifel said.
The South Dakota Democratic Party hopes to build on legislative successes, such as a new law from Rep. Kadyn Wittman, D-Sioux Falls, that commits state funding to cover the family portion of reduced-price school meals.
“That specifically is a return on investment for our donors, and it shows that Democrats are doing good things for the people of South Dakota,” Zweifel said.
Wittman’s success helped inspire Democratic District 13 House of Representatives candidate Ali Rae Horsted, of Sioux Falls, to take a second run at the Legislature. Horsted ran unsuccessfully for the Senate against Sen. Sue Peterson in 2024, garnering 42% of the vote.
Horsted plans to build on that success and the name recognition she already has in the district. She hopes she’ll have “better odds” in this election, since there are two House seats for every district.
Horsted said it would better serve South Dakota if the state had a more balanced Legislature. While the latest Legislature was 92% Republican, 52% of voters in South Dakota are Republican. South Dakota has the lowest percentage of Democrats, 7.6%, in the Legislature nationwide.
“I think it’s important that people have options on the ballot,” Horsted said, “and people are able to vote for candidates that represent their values and their vision for the future of South Dakota.”
Makenzie Huber is a lifelong South Dakotan who regularly reports on the intersection of politics and policy with health, education, social services and Indigenous affairs. Her work with South Dakota Searchlight earned her the title of South Dakota’s Outstanding Young Journalist in 2024, and she was a 2024 finalist for the national Livingston Awards.
South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
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South Dakota
From Big Ideas to Better Places: Building Livable Communities Across South Dakota
From East River to West River, South Dakota communities share a common goal: creating places where people of all ages can live, work and thrive. AARP’s Domains of Livability provide a framework to help communities do just that. Through the AARP Community Challenge grant program—designed to spark quick, impactful local projects—South Dakota communities are turning big ideas into visible, people-centered improvements.
Read the South Dakota Community Challenge Grant Report, which showcases grant-funded projects across the state designed to build more livable communities.
What Are AARP’s Domains of Livability?
AARP’s approach to livable communities is rooted in eight interconnected domains that together support quality of life at every age:
- Outdoor Spaces and Buildings – Safe, accessible parks, streets and public buildings
- Transportation – Affordable, accessible options for getting around
- Housing – A range of choices that support independence
- Social Participation – Opportunities to connect, learn and have fun
- Respect and Social Inclusion – Communities that value people of all backgrounds and ages
- Civic Participation and Employment – Meaningful ways to engage and contribute
- Communication and Information – Clear, accessible ways to stay informed
- Community Support and Health Services – Access to services that support well-being
These domains work best when addressed together—something South Dakota communities are embracing.
Turning Vision into Action with Community Challenge Grants
AARP Community Challenge grants fund short-term, “quick-action” projects that can ignite long-term change. Across South Dakota, these grants have helped communities pilot ideas, build momentum and demonstrate what’s possible when residents put people first.
Here’s how local projects are bringing the Domains of Livability to life:
- Outdoor Spaces and Buildings: Communities have used grants to enhance parks, create pop-up public spaces, add benches and shade and install wayfinding signs. These improvements invite people to linger, gather, and enjoy shared spaces—supporting both physical activity and social connection.
- Transportation: Small, thoughtful transportation projects can make a big difference. Community Challenge grants have supported safer crossings, improved walkability and bikeability around key destinations and the planning or installation of transit amenities like shelters and seating—especially important for older adults and people with mobility challenges.
- Housing and Community Support: Some projects focus on helping residents age in place by improving access to information about home modification resources or by testing neighborhood-level solutions that connect people to services. These efforts strengthen independence and peace of mind.
- Social Participation and Inclusion: Murals, community events and creative placemaking projects funded by AARP grants have sparked community pride and social connection. By involving residents in design and implementation, these projects foster respect, inclusion and a strong sense of belonging across generations.
- Communication, Civic Participation and Opportunity: From hosting community conversations to creating new tools for sharing local information, South Dakota communities are using grants to engage residents in shaping their future. These efforts elevate local voices and encourage ongoing civic participation.
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