South Dakota legislation · 101st Legislature (2026)
South Dakota SB88: clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.
Status: Signed into law, March 12, 2026
What the bill says
An Act ENTITLED An Act to clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.
From the enrolled text, March 1, 2026:
An Act ENTITLED An Act to clarify the procedure for a potential condemnor to examine real property absent the property owner's permission. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 21-35-31 be AMENDED: 21-35-31. The provisions of this section only apply to a project that requires a siting permit pursuant to chapter 49-41B. Except as otherwise provided in this section, any person vested with authority to take private property for public use may cause an examination and survey to be made as necessary for proposed facilities, and the person, or the person's agent or officer, may enter the property to conduct the examination and survey. If the owner of the property denies permission for the examination or survey, the person may conduct only an examination and must: (1) Have a pending or approved siting permit application with the Public Utilities Commission of the State of South Dakota pursuant to § 49-41B-11; (2) Provide to the owner thirty days' written notice, served in accordance with § 15-6-4 or sent by certified mail with return receipt requested, which contains: (a) A description of the specific portions of property to be examined; (b) The anticipated date and time of entry; (c) The anticipated duration of presence on the property; (d) A description of the type …
Sponsors
- Mark Lapka (R, SD-023) · primary sponsor
- Karla Lems (R, HD-016) · primary sponsor
- Aaron Aylward (R, HD-006)
- Heather Baxter (R, HD-034)
- John Carley (R, SD-029)
- Red Foster (D, SD-027)
- Timothy Goodwin (R, HD-030)
- Tamara Grove (R, SD-026)
- Jon Hansen (R, HD-025)
- Leslie Heinemann (R, HD-025)
- Joy Hohn (R, SD-009)
- John Hughes (R, HD-013)
Latest actions
- : Signed by the Governor
- : Delivered to the Governor
- : Signed by the Speaker
- : Signed by the President
- : Do Pass
- : Do Pass
- : Scheduled for hearing
- : First read in House and referred to Commerce and Energy
- : Do Pass
- : Do Pass
Votes
- Do Pass (February 26, 2026): 66 yea, 0 nay, passed
- Do Pass (February 25, 2026): 11 yea, 0 nay, passed
- Do Pass (February 4, 2026): 34 yea, 0 nay, passed
- Do Pass (February 3, 2026): 9 yea, 0 nay, passed
Subjects: Judicial Remedies, Eminent Domain
Common questions
- What is SB88?
- SB88 is a bill in the South Dakota Legislature (101st Legislature (2026)): clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.
- What does SB88 do?
- In its own words: An Act ENTITLED An Act to clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.
- What is the status of SB88?
- Signed into law as of March 12, 2026. Latest action: Signed by the Governor (March 12, 2026).
- Who sponsored SB88?
- Mark Lapka (R, SD-023), with 11 co-sponsors.
- Where is the official record for SB88?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26739
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.