South Dakota State Sen. Mark Lapka, R-Leola. (Makenzie Huber/South Dakota Searchlight via the North Dakota Monitor)
(. North Dakota Monitor) – A four-year controversy that has shaken South Dakota’s Republican political establishment culminated Tuesday in the Legislature’s passage of a ban on eminent domain for carbon dioxide pipelines.
The state Senate voted 23-12 to approve the bill, which previously passed the House, and sent it to Republican Gov. Larry Rhoden for his signature or veto. He declined to state his position on the bill during recent press conferences. His spokeswoman issued a statement Tuesday in response to a question from South Dakota Searchlight.
“Governor Rhoden is committed to protecting landowner rights and keeping South Dakota Open for Opportunity,” the statement said. “He has a wealth of knowledge on both eminent domain and property rights issues, and he is well aware of all the arguments in this discussion. He will be carefully considering this bill in the coming days.”
The legislation would prohibit carbon pipeline companies from acquiring land by eminent domain. That’s the right to access private property for projects that benefit the public, with just compensation determined by a court. Eminent domain is commonly used for projects such as electrical power lines, water pipelines, oil pipelines and highways.
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