An update on the PEOPLE’S BILL, HB1052
While I was in Pierre earlier this week, I had the chance to sit down with House Speaker Pro Tempore Rep. Karla Lems about her bill, HB1052, which would which would prohibit the exercise of eminent domain for a pipeline that carries carbon oxide.
In just a few short days since the bill was introduced, many legislators have signed on in support including: Representatives Lems (prime), Andera, Auch, Aylward, Ziolkowski-Baxter, Emery, Gosch, Greenfield, Hughes, Hunt, Ismay, Jensen (Phil), Jordan, Kayser, Manhart, Moore, Mullaly, Nolz, Novstrup, Overweg, Reder, Schaefbauer, Schwans, and Sjaarda, as well as Senators Lapka (prime), Carley, Grove, Hohn, Howard, Jensen (Kevin), Karr, Nelson, Perry, Pischke, and Voita.
The bill has now been referred to the House State of Affairs committee, and we are waiting to hear the date this bill will be discussed and open for public testimony. Follow updates on the bill here: https://sdlegislature.gov/Session/Bill/25581
Some FAQS about HB1052:
– This bill will eliminate the use of eminent domain for carbon pipelines and is in direct response to the mandate given by the people who have clearly, repeatedly, and consistently asked for protections and guardrails on this topic.
– The defeat of RL21 in 65 of 66 counties with 59% of the vote should empower the legislators to act to shore up our private property rights. HB1052 provides Constitutional clarity and legislative clarity for the people of South Dakota.
– HB1052 does not halt construction on any project; however, it gives the keys to property ownership rightfully back to the people, allowing for an even playing field in negotiations with a carbon pipeline company. Landowners still have the ability to participate in a project, while others can say, “No, thank you. Please, go around.”
– HB1052 has zero risk of regulatory drift on other industries. It is a clear and focused bill that addresses the hardships that landowners on a proposed carbon pipeline route have endured for years as they have experienced lawsuits and condemnations on their property for a carbon pipeline project that they do not want to participate in.
– The South Dakota Supreme court has ruled twice that the carbon pipeline companies do not have authority to use eminent domain or to invasively surve on land where they are not welcome. HB1052 reinforces this ruling, and the legislature absolutely has the authority to act upon this ongoing issue.
– HB1052 allows South Dakota to remain South Dakota, where good fences make good neighbors, and we can continue to build, innovate, grow, and create in the state, without infringing on the God-given, Constitutionally-protected private property rights of individuals and families.
Please, contact your legislators today and encourage them to support HB1052. An email list can be found here: https://sdlegislature.gov/Legislators/Listing/70
