South Dakota 2026 Regular Session

South Dakota Senate Bill SB88

Introduced
1/15/26  
Refer
1/15/26  
Report Pass
2/3/26  
Engrossed
2/4/26  
Refer
2/5/26  
Report Pass
2/25/26  
Enrolled
2/26/26  

Caption

Clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.

Impact

If enacted, SB88 would impact the procedures related to property examinations, particularly in contexts where private property needs to be surveyed for public projects. By defining the parameters within which a potential condemnor can enter properties, the bill seeks to protect property owners' rights, ensuring that they are informed and compensated for any inconvenience caused. The stipulation of notifying property owners and allowing them an option to contest in court reinforces property rights while also facilitating necessary infrastructure or public works processes.

Summary

Senate Bill 88 aims to clarify the process that a potential condemnor must follow to survey or examine property without the owner's consent. The bill specifies procedures that must be adhered to, including notifications to the property owner about the intended examination, requiring a pending or approved siting permit application before entry, and outlining the nature of the examination or survey. This legislation aligns with existing laws while providing additional clarity pertaining to condemnation processes. It is significant for ensuring that property rights are considered while balancing the interests of public utilities or other entities needing access to private lands for development or construction purposes.

Sentiment

The sentiment around SB88 appears generally supportive, particularly from stakeholders involved in public utilities and government sectors who emphasize the need for efficient project development. However, potential criticisms may arise from property rights advocates who could see the ability for surveyors to access land as an infringement on personal property rights. The discussions may reflect concerns about balancing development needs with sufficient protections for individual landowners.

Contention

Notable points of contention surrounding SB88 may involve debates on the extent of authority given to condemnors to survey land without consent and the adequacy of compensation for property owners. While supporters argue that the bill provides a structured and necessary approach to facilitate public projects, opponents could contest that it favors governmental or corporate interests at the expense of private property owners. The bill's ability to limit owner's control over their private property during public examinations represents a critical focal point of the legislative discourse.

Companion Bills

No companion bills found.

Previously Filed As

SD SB198

Establish conditions a prospective condemnor must satisfy before commencing condemnation proceedings.

SD SB211

Revise and clarify notice and hearing procedures of the Public Utilities Commission.

SD SB155

Reduce the amount of net receipts of unclaimed property deposited into the general fund.

SD SB176

Clarify the discovery procedures and powers and to modify the administration of the Government Operations and Audit Committee.

SD HB1196

Update Uniform Unclaimed Property Act to include provisions related to virtual currency and notice requirements.

SD SB216

Reduce the growth in the assessed value of owner-occupied property, limit increases in certain property tax revenues, revise provisions regarding school district excess tax levies, and revise eligibility requirements for a property tax assessment freeze.

SD HB1229

Provide an exemption from certain property taxation for owner-occupied single-family dwellings, and to limit the taxes due on property over the previous year.

SD SB90

Clarify provisions regarding tax deeds.

SD SB188

Amend eligibility to vote by absentee ballot.

SD SB85

Provide property tax relief to certain senior owners of owner-occupied single-family dwellings.

Similar Bills

CA SB1352

Property taxation: newly constructed: reconstructed property.

CA AB245

Property taxation: application of base year value: disaster relief.

CA SB1053

Property taxation: transfer of base year value: disaster relief.

HI HB1398

Relating To Property.

HI HB1398

Relating To Property.

CA SB603

An act to amend Section 69 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

TX HB2011

Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.