South Dakota
‘Too problematic to pass’: SD lawmakers kill bill that would block Summit pipeline
Legislative will was not aligned with a bill intended to strengthen property rights for South Dakota landowners at the detriment of utility companies across the state.
The House Commerce and Energy Committee voted 8-4 on Friday to defer House Bill 1079, a bill that would have required pipeline and utility companies to obtain written consent from South Dakota property owners to access their lands for siting purposes, to the 41st legislative day, effectively killing it.
The bill was brought by Rep. Scott Moore at the request of rural landowners actively opposing a 2,000-mile, $5.5 billion pipeline being proposed by Summit Carbon Solutions, an Iowa carbon capture company. More than 400 miles of the five-state transmission pipe is planned to run through eastern and northeastern South Dakota if the project is completed.
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 have also needed to obtain written consent from landowners permitting access to their property at the scheduled date and time.
If all four criteria were not met, the PUC would have had to approve the energy project’s permit application for surveys to take place.
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.
Proponents say bill offers a ‘common sense’ approach to survey access. Opponents argue amended law would have ‘chilling effect’ on utilities
The legislation had been touted as a necessary fix to South Dakota’s survey access laws by property rights advocates and landowners. It was also one of the first bills introduced this session that was created in response to Summit Carbon Solutions’ controversial surveys within the state for its carbon dioxide sequestration project.
“There’s still a pathway they can get there. Right now, it’s pretty much you can just show up. That ain’t the way to do business, but that’s virtually the way it works. It’s the way it’s been working for the past year or so,” Moore said, alluding to Summit Carbon’s surveys. “The property owners felt like they’ve lost all their rights and they stood and watched drilling rigs drill on their property with no easements. They want that right back.”
Mitch Richter, a lobbyist for South Dakota Farmers Union, urged the committee to support the bill. He argued other states already require companies to obtain written landowner consent to perform surveys, and the proposed legislation
“Nobody said [utility companies] couldn’t get a survey,” Richter said. “What [opponents are] saying is, ‘We’re going to have to jump through another hoop to do this.’ That hoop is letting the land owner or the tenant know that we’re going to be there in 30 days or 20 days, and that they’re responsible financially if something happens while they’re there. This is a common sense approach to fixing a problem that we have right now in South Dakota.”
The bill’s opponents, which largely consisted of utility companies currently operating in the state, took issue with the “chicken and the egg” situation they argued Moore’s legislation would present.
Darla Rogers, a lobbyist for South Dakota Rural Electric Association, told the committee the bill would convolute the process to build an energy facility in the state.
This, Rogers explained, is because if a landowner denies an energy cooperative’s request to access their land for surveys, the company would need to obtain a siting permit from the state PUC to examine the property. However, without the results of a route survey to provide to the regulatory body, the company would not be able to determine whether any issues exist with their proposed route in the first place.
This type of conundrum could have “a chilling effect on projects,” Rogers added.
Sam Nelson, a lobbyist for Missouri River Energy Services, levied an array of critiques at Moore’s bill, which he described as “too problematic to pass.”
Part of his comment to the committee centered on a section of the bill, which is already implemented in state law, that requires companies to provide a 30-day written notice to both the owners and tenants of the private property.
Under the amended law, Nelson said project developers would have a harder time communicating with property owners, who — barring a siting permit — could block survey crews from accessing their land outright.
This could then prevent the developers from identifying tenants along the route, given many farm leases between landowners and tenants “are not recorded,” Nelson claimed.
“The only way that I can find out who your tenant is, is by talking to you,” Nelson said. “When we provide notice or try to have dialogue with you, there are some folks that don’t want to talk to people who are doing surveys. I understand that. But it is a little bit impractical to try to make me try to find out who your tenant is when the only way that I may be able to find out is talking to you, the landowner.”
In a brief statement of opposition to the bill, Summit Carbon lawyer and lobbyist Justin Bell said the legislation would be a “kill shot” to projects in the state where siting surveys are required. He also said the proposed amendment would “adversely affect” his company’s pipeline.
Why was HB 1079 introduced?
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.
In May and June, Summit Carbon drew the ire of pipeline critics and some legislators after the company conducted surveys on lands belonging to rural South Dakotans without the property owners’ permission. This came after a South Dakota judge affirmed the company’s right to access in an April court order.
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.
South Dakota
SD’s longest bridge gets $65M for replacement
SIOUX FALLS, S.D. (KELO) — South Dakota’s longest bridge has received $65 million in federal funding for a replacement project scheduled to begin later this year.
The Federal Highway Administration awarded the South Dakota Department of Transportation a $65 million grant through the Competitive Highway Bridge Program for the S.D. Highway 44 Platte‑Winner Bridge replacement project
SDDOT Director of Operations, Craig Smith said the project they will most likely start the project this year.
“Now that we’ve got some of the answers on the funding, we’re looking at letting the project, late this year, but we wouldn’t really expect much for construction until the year 2027 until you would really see any activity out on the project.”
SDDOT said its Major Bridge Investment Study recommended replacing the existing Highway 44 bridge over the Missouri River, citing ongoing issues along the current alignment. The roadway has experienced multiple landslides, resulting in millions of dollars in repair and mitigation costs since the bridge opened to traffic in 1966.
The Platte‑Winner Bridge is the longest bridge in South Dakota, spanning 5,655 feet across the Missouri River. The replacement project will widen the roadway by eight feet. Two 12‑foot lanes will remain, while shoulder widths will increase from two feet to six feet.
Construction has not yet begun. Once the new bridge is completed and traffic is shifted, the existing bridge will be demolished.
The estimated total cost of the Platte‑Winner Bridge replacement project exceeds $200 million.
The Highway 44 Platte‑Winner Bridge is one of nine bridges crossing the Missouri River in South Dakota. Without it, the nearest crossings would require detours of more than 50 miles.
“The Platte‑Winner Bridge is one of six Missouri River bridges on the state’s transportation system that has reached the end of its useful life and needs to be replaced,” said Transportation Secretary Joel Jundt. “The Fort Pierre‑Pierre Bridge was recently replaced, and the Platte‑Winner Bridge is next. This funding is greatly appreciated and provides the necessary resources to construct this critical structure.”
SDDOT said construction activity may result in lane closures with alternating one‑way traffic or short, temporary stops to allow construction equipment to move. Officials said disruptions will be temporary and timed to minimize impacts on drivers.
South Dakota previously received $25 million for the project through Congressional Directed Spending.
South Dakota
Calendar quirk and law change have South Dakota election officials worried about deadlines
Absentee voting is available on the third floor of the Minnehaha County building in downtown Sioux Falls, South Dakota, ahead of the city and school board election on April 9, 2024. (Photo by Makenzie Huber/South Dakota Searchlight)
PIERRE, S.D. (South Dakota Searchlight) – Election officials in South Dakota are worried about a possible delayed start for early and absentee voting as they rush to prepare ballots for the June 2 primary, and they’re also navigating changes to registration requirements signed into law by Gov. Larry Rhoden last month.
Lincoln County Auditor Sheri Lund said South Dakota voters should check their registration status and party affiliation as soon as possible. New voters should register soon as well, in case there are processing delays because of missing documentation required by a new law.
The new law, which went into effect on March 26, requires new voters to provide documentation of their U.S. citizenship with a driver’s license or identification card issued after July 1, 2025, a tribal ID, or a legible photocopy of a birth certificate, U.S. passport, consular report of birth abroad from the U.S. Department of State, or certificate of naturalization.
“If you’re a first-time registering voter in South Dakota, do not procrastinate,” Lund said. “Do it now, and make sure it goes through the right way.”
Kayla Delfs, election coordinator with the Lincoln County Auditor’s Office, said the office had received 10 voter registration applications as of March 7 that were missing the necessary documentation to prove U.S. citizenship as required by the new law.
One person emailed proof of citizenship, but Delfs said she has not received documentation yet from the others after mailing notification of the problem to them. Those voters will be registered as federal only voters until they provide proper documentation — a new voter status signed into law in 2025. Federal only voters can vote in presidential and congressional races, not state and local races.
Pennington County Auditor Sabrina Green expects problems with missing U.S. citizenship documentation to dwindle over the next several years, as South Dakota driver’s licenses and identification cards expire and get renewed. Last July, the state began requiring newly issued cards to display the licensee’s citizenship status.
As county auditors and their staffs work to inform new voters of the changes, they’re also grappling with a quickly approaching start to early and absentee voting.
Prospective candidates from political parties had to file nominating petitions by the last Tuesday in March to make the ballot for the June 2 primary. Through a quirk of the calendar, that fell on March 31 this year, which shortened the time between the filing of those petitions and the printing of ballots for early and absentee voting.
Lawmakers this year reacted to complaints about that by changing the nominating petition deadline to the third Tuesday in March. But they were concerned about changing the deadline for a petition process that was already underway, so they made the change effective for future elections, not the current one.
Early and absentee voting for the primary election begins on April 17. On Tuesday, the Secretary of State’s Office drew the order in which candidates will appear on ballots, giving county auditors eight business days to prepare, proofread and order ballots.
Green said her office will alert county residents if early voting is delayed, adding that she is “nervous” about the approaching deadline.
“I would rather our ballots are done correctly, proofed and without errors instead of rushing to meet the deadline,” Green said.
Early and absentee voting is required by state statute to begin “no later” than 46 days before the election, and ballots must be printed 48 days before. Auditors considered allowing voters to use sample ballots, like they’re allowed to on Election Day if a polling place runs out of ballots, but auditors decided against it, Delfs said.
“We’ve got our hands tied,” Delfs said. “What law do we break here?”
Lund said it’ll be a “hard push” to ensure early voting starts on time, but she is hopeful it will. The Secretary of State’s Office is allowing auditors to order early and absentee ballots separately from their Election Day ballots, which will speed up the process because there will be fewer ballots to print and ship so soon.
“I have my fingers crossed,” Lund said.
South Dakota
America’s Time Capsule to hold Rhoden letter, Vermillion author’s poem
South Dakota is locking in its contributions to a 250-year nationwide preservation project ahead of the Semiquincentennial of the United States.
America250SD, a nonpartisan organization created by former Gov. Kristi Noem in July 2023 to plan activities in commemoration of the 250th anniversary of the founding of the U.S., announced in a July 9 press release it approved two contributions to “America’s Time Capsule,” a congressionally mandated time capsule that will be buried at Independence National Historic Park in Philadelphia in July and remain sealed until 2276.
The national time capsule will include relics and memorabilia from all 50 states, as well as contributions from five territories, D.C. and all three branches of the U.S. federal government, accorrding to America250’s website.
For the nation’s 500th anniversary, South Dakota is contributing a “specially designed edition” of “This Far Country,” an epic poem written by Vermillion-born author Joseph Bottum—not to be confused with his great-uncle Joseph H. Buttom, who served as the 27th lieutenant governor of South Dakota from 1961–1962—and a letter from Gov. Larry Rhoden.
The 17-member commission is also working to acquire letters from tribal governments in South Dakota, per the media release.
“Given the small dimensions allowed to each state, the commission believed This Far Country encapsulated South Dakota’s unique perspective and so we arranged for a specially designed edition made to fit the space,” said Dr. Ben Jones, Chair of America250SD. “When the poem and the letters are opened in 2276, Americans marking the Quincentennial, will have words from the Governor and This Far Country poem reflecting our experiences living out the principles of the Declaration of Independence.”
Other commemorative gestures organized by the commission for the nation’s 250th include the design of a celebratory flag featuring a bison standing in front of the state’s Badlands National Park.
The Trump administration, in cooperation with the State of South Dakota, is also moving forward with a fireworks celebration July 3 at Mount Rushmore National Memorial.
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