WeVote
Log In

Bill

Bill

HB 1052

prohibit the exercise of eminent domain for a pipeline that carries carbon oxide.

2025 Regular Session Introduced by Bobbi Andera and 44 co-sponsors

South Dakota prohibits using eminent domain to seize private land for carbon dioxide pipelines, giving landowners absolute veto power over CO2 infrastructure projects.

Signed by the Governor on 2025-03-06 H.J. 475
#eminentdomain #pipelines #publicutilitiesandcarriers
0
WeVote Research Nonpartisan
Bill Summary · HB 1052

Legislative bill overview

HB 1052 prohibits South Dakota from using eminent domain—the government's power to seize private property for public use—to acquire land for pipelines that transport carbon dioxide. The bill effectively blocks state-facilitated CO2 pipeline projects that would require taking property from unwilling landowners. It was signed into law by the Governor on March 6, 2025.

Why is this important

Eminent domain is a powerful tool that allows governments to override private property rights when deemed necessary for public projects. This bill removes that tool for a specific type of infrastructure, potentially blocking major carbon capture and sequestration (CCS) pipeline projects that proponents argue are necessary for climate and industrial policy. The practical effect is giving landowners absolute veto power over CO2 pipelines crossing their property, which could halt or redirect significant energy infrastructure investments.

Potential points of contention

  • Climate and industrial policy conflict: Supporters of carbon capture technology argue CO2 pipelines are essential for reducing emissions and supporting industrial processes, while this law makes large projects economically unfeasible if landowners refuse easements.
  • Property rights vs. public interest: The bill prioritizes individual property rights absolutely; critics contend that eminent domain exists precisely for projects deemed too important for individual veto, while supporters see it as protecting rural landowners from corporate pressure.
  • Economic and competitive impacts: South Dakota may become less attractive for carbon-intensive industries or CCS projects, potentially affecting job creation and tax revenue, or conversely, may avoid unwanted industrial infrastructure that neighboring states accept.

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

Sign in to ask a question.