HB 1249 South Dakota House · 2025 Regular Session

protect landowners from the use of deception, fraud, harassment, intimidation, misrepresentation, or threat, in acquiring easements or easement options.

HB 1249 aims to protect landowners in South Dakota from deceptive or coercive tactics when easements or easement options are being acquired. The bill prohibits the use of fraud, harassment, intimidation, misrepresentation, or threats during the easement acquisition process. It requires that landowners receive clear, accurate information and have the opportunity to consult legal counsel before signing easement agreements. This legislation directly affects property owners and entities seeking to acquire land easements by establishing stricter standards for negotiation and disclosure.

Bill status passed 4 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Mar 2025

House Passage

Feb 2025

Senate Passage

Mar 2025

Governor

Introduced Feb 26, 2025 Last action Mar 10, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → House Commerce and Energy Engrossed · 6 edits · Feb 21, 2025

MODERATE

This bill adds new protections for South Dakota landowners by prohibiting deceptive or coercive tactics when companies seek easements for carbon oxide facilities. It creates a legal remedy allowing landowners to void easements and recover damages if they were misled or threatened during negotiations. The bill also establishes requirements for land agents and gives regulators authority to deny permits for affected properties.

Scope change

The bill expands legal protections specifically for carbon oxide facility easements, creating new enforcement mechanisms and agent qualifications that did not previously exist for this type of property transaction.

REQUIREMENT

Prohibits deception, fraud, harassment, intimidation, misrepresentation, or threats when acquiring easements for carbon oxide facilities

Requires land agents for carbon oxide pipeline facilities to be employees, state residents, or licensed real estate agents

Mandates that landowners file court decisions with the Public Utilities Commission

ENFORCEMENT

Allows landowners to sue within 12 months of alleged violations and voids any easement obtained through prohibited conduct

Permits courts to award up to triple damages, order compensation returns, and issue injunctions against offending parties

Gives Public Utilities Commission authority to deny permits for affected property portions when court decisions find violations

Floor votes · House Feb 25, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 10, 2025

Upper · Passed

Senate Reconsidered , Passed, YEAS 16, NAYS 18 S.J. 502

upper

Mar 10, 2025

Upper · Passed

Intent to reconsider , Passed, S.J. 494

upper

Mar 10, 2025

Upper · Passed

Senate Do Pass Amended , Passed, YEAS 17, NAYS 16 S.J. 494

upper

Mar 6, 2025

Upper · Passed

Senate Deferred to another day , Passed, S.J. 468

upper

Mar 4, 2025

Upper · Passed

State Affairs Do Pass , Passed, YEAS 5, NAYS 4

upper

Feb 26, 2025

Introduced

First read in Senate and referred to S.J. 394

upper

Feb 25, 2025

Lower · Passed

House of Representatives Do Pass Amended , Passed, YEAS 36, NAYS 34 H.J. 389

lower

Feb 25, 2025

House · Passed

House Vote: pass (35-34)

house

Feb 21, 2025

Lower · Passed

Commerce and Energy Do Pass Amended , Passed, YEAS 8, NAYS 4

lower

Feb 21, 2025

Introduced

Commerce and Energy Motion to amend , Passed, Amendment 1249B

lower

Feb 12, 2025

Introduced

Commerce and Energy Motion to amend , Passed, Amendment 1249A

lower

Feb 7, 2025

Committee

Referred to H.J. 225

lower

15 primary · 0 co-sponsors