South Dakota HJR5001: proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakot

What the bill says

A joint resolution proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, [DELETED: ] requiring a declaration of necessity [ADDED: and clarifying public use of private property taken or damaged by eminent domain] .

From the engrossed text, February 25, 2026:

A JOINT RESOLUTION proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, [DELETED: ] requiring a declaration of necessity [ADDED: and clarifying public use of private property taken or damaged by eminent domain] . Be it resolved by the Legislature of the State of South Dakota: Section 1. [ADDED: ] [ADDED: That at the next general election held in the state, the following amendment to Article VI of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for approval.] Section 2. That Article VI, § 13 of the Constitution of the State of South Dakota, be AMENDED: § 13. [ADDED: ] Private property [DELETED: shall] [ADDED: may] not be taken for public use, or damaged, without [ADDED: a public declaration by the condemnor, establishing the necessity for taking or damaging the property, and ] just compensation, [DELETED: which will be] [ADDED: as] determined according to legal procedure established by the Legislature and according to § 6 of this article. [DELETED: No] [ADDED: A] benefit [DELETED: which] [ADDED: that] may accrue to the owner as the result of an improvement made by any private corporation [DELETED: …

Read the full official text

Sponsors

• Spencer Gosch (R, HD-023) · primary sponsor
• Mark Lapka (R, SD-023) · primary sponsor
• Heather Baxter (R, HD-034)
• Greg Blanc (R, SD-035)
• Timothy Goodwin (R, HD-030)
• Lana Greenfield (R, HD-022)
• Tamara Grove (R, SD-026)
• Jon Hansen (R, HD-025)
• Leslie Heinemann (R, HD-025)
• Taffy Howard (R, 34)
• Kevin Jensen (R, SD-016)
• Tony Kayser (R, HD-014)

Latest actions

1. March 2, 2026: Do Pass Amended
2. February 25, 2026: Do Pass Amended
3. February 25, 2026: Motion to amend
4. February 25, 2026: Scheduled for hearing
5. January 28, 2026: First read in Senate and referred to State Affairs
6. January 27, 2026: Do Pass Amended
7. January 27, 2026: Motion to amend
8. January 23, 2026: Do Pass Amended
9. January 23, 2026: Motion to amend
10. January 23, 2026: Scheduled for hearing

Votes

• Do Pass Amended (March 2, 2026): 14 yea, 19 nay, failed
• Do Pass Amended (February 25, 2026): 5 yea, 3 nay, passed
• Motion to amend (January 27, 2026): 35 yea, 32 nay, passed
• Do Pass Amended (January 27, 2026): 62 yea, 5 nay, passed
• Do Pass Amended (January 23, 2026): 10 yea, 3 nay, passed

Common questions

What is HJR5001?

HJR5001 is a bill in the South Dakota Legislature (101st Legislature (2026)): proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakot.

What does HJR5001 do?

In its own words: A joint resolution proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, [DELETED: ] requiring a declaration of necessity [ADDED: and clarifying public use of private property taken or damaged by eminent domain] .

What is the status of HJR5001?

In committee as of March 2, 2026. Latest action: Do Pass Amended (March 2, 2026).

Who sponsored HJR5001?

Spencer Gosch (R, HD-023), with 11 co-sponsors.

Where is the official record for HJR5001?

On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26741