SB 198 South Dakota Senate · 2025 Regular Session

establish conditions a prospective condemnor must satisfy before commencing condemnation proceedings.

This bill establishes specific requirements that government entities must meet before initiating property condemnation proceedings in South Dakota. It directly affects state and local agencies seeking to acquire private property through eminent domain. The legislation outlines conditions such as providing notice to affected property owners and demonstrating that the taking serves a public purpose before the process can begin. These provisions aim to ensure transparency and due process are followed during condemnation cases.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
Senate Passage
Feb 2025
House Passage
Mar 2025
Governor
Introduced Feb 25, 2025 Last action Mar 5, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Senate State Affairs Engrossed Senate Engrossed · 8 edits · Feb 25, 2025
MODERATE
This bill adds mandatory pre-condemnation mediation requirements and notice procedures for entities seeking to take private property in South Dakota. It requires condemnors to engage in good faith mediation before filing condemnation petitions, provides specific notice content and timelines, and adds permit requirements for certain public utility projects.
Scope change
The bill expands the scope of condemnation proceedings by adding new procedural requirements that apply to all prospective condemnors described in § 21-35-1, including public and private entities, owners of water rights, ditches, flumes, reservoirs, and mining property.
REQUIREMENT

Mandates good faith mediation between condemnors and affected property owners before any condemnation proceedings can commence.

Specifies that the notice must include condemnor contact information, property description, mediation request, three proposed mediators, and a 15-day window for the property owner to select a mediator.

Requires condemnors to pay all costs associated with the mediation process.

Mandates that projects requiring permits under chapter 49-41B must obtain those permits before starting condemnation proceedings.

Adds notice requirements for permit applicants seeking easements, requiring 60-day advance notice to property owners with specific content including a color aerial map.

TIMELINE

Requires written notice of intent to acquire property at least 90 days before starting condemnation proceedings.

Sets a 60-day deadline for conducting mediation after the property owner receives notice, unless parties agree to extend.

ENFORCEMENT

Requires mediators to issue written confirmation of completion if no agreement is reached, and requires condemnors to submit affidavits documenting mediation efforts if property owners refuse to participate.

Floor votes · Senate Feb 24, 2025

How they voted

1916
Passed
Total votes 35
Feb 24, 2025
D Democratic3
2 Yea 1 Nay
66% Yea
R Republican32
17 Yea 15 Nay
53% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
9
Committee
4
Amendments
3
Mar 5, 2025
Lower · Passed
State Affairs Tabled , Passed, YEAS 11, NAYS 2
lower
Mar 3, 2025
Introduced
State Affairs Motion to amend , Passed, YEAS 9, NAYS 4 Amendment 198F
lower
Mar 3, 2025
Lower · Passed
State Affairs Reconsidered , Passed, YEAS 10, NAYS 3
lower
Mar 3, 2025
Lower · Passed
State Affairs Deferred to the 41st legislative day , Passed, YEAS 12, NAYS 0
lower
Feb 25, 2025
Introduced
First read in House and referred to H.J. 384
lower
Feb 24, 2025
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 18, NAYS 17 S.J. 353
upper
Feb 24, 2025
Introduced
Senate Motion to amend , Passed, S.J. 352 Amendment 198E
upper
Feb 24, 2025
Upper · Passed
Senate Reconsidered , Passed, YEAS 19, NAYS 16 S.J. 352
upper
Feb 21, 2025
Upper · Passed
Intent to reconsider , Passed, S.J. 344
upper
Feb 21, 2025
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 17, NAYS 16 S.J. 344
upper
Feb 19, 2025
Upper · Passed
State Affairs Do Pass Amended , Passed, YEAS 5, NAYS 3
upper
Feb 19, 2025
Introduced
State Affairs Motion to amend , Passed, Amendment 198A
upper
Feb 11, 2025
Upper · Passed
Prime Sponsor Changed at the Request of the Prime Sponsor , Passed, S.J. 234
upper
Feb 7, 2025
Committee
Referred to S.J. 209
upper
2 primary · 0 co-sponsors

Sponsors