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Bill

SB 88

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

2026 Regular Session Introduced by Aaron Aylward and 15 co-sponsors

SB 88 permits eminent domain authorities to enter private property for examination without owner consent, clarifying condemnation assessment procedures in South Dakota.

First read in Senate and referred to Senate Commerce and Energy S.J. 55
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Bill Summary · SB 88

Legislative bill overview

SB 88 establishes formal procedures allowing potential condemnors (entities with eminent domain authority) to examine private real property without obtaining the property owner's permission. The bill clarifies the legal framework and process for accessing land that may be subject to condemnation for public projects like utilities, infrastructure, or government facilities.

Why is this important

Eminent domain proceedings can significantly affect property owners' rights and land use. This bill determines how easily government agencies or authorized private entities can inspect property before formally initiating condemnation, potentially affecting property owners' ability to control access to their land and anticipate government actions.

Potential points of contention

  • Property owner privacy and control: Establishes when property owners must allow strangers onto their land without consent, raising concerns about trespassing rights and autonomy over private property
  • Advance notice requirements: The bill's specifications on whether owners must be notified before examination, timing of such notice, and appeal processes could favor either condemnors' efficiency or property owners' protection
  • Scope of examination authority: Questions about what activities constitute permitted "examination" (surveying, drilling, environmental testing) and whether limitations exist on intrusiveness or damage

Compiled from official sources — confirm details with the bill’s official record.

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