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SD HB1295
Bill
Status
2/4/2026
Primary Sponsor
Jana Hunt
Click for details
AI Summary
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Separates borrow pit acquisitions from right-of-way acquisitions in statute, creating a distinct new section for the Department of Transportation to acquire borrow pit land through gift, purchase, or condemnation
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Requires the Department of Transportation to file notice with landowners and the county register of deeds when acquiring easements or rights of way for borrow pits
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Notice must include the purpose of the easement, statement that just compensation will be paid, department plans, and detailed property description
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All persons with an interest in or lien upon the property must receive copies of the notice
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Upon successful negotiation, the county register of deeds records the easement; if negotiations fail, existing condemnation procedures under §§ 31-19-2 to 31-19-19 apply
Legislative Description
Revise provisions for the acquisition of highway easements and rights of way.
Eminent Domain
Last Action
Judiciary Deferred to the 41st legislative day, Passed, YEAS 8, NAYS 3.
2/18/2026