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SD HJR5001
Joint Resolution
Status
1/27/2026
Primary Sponsor
Spencer Gosch
Click for details
AI Summary
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Proposes a constitutional amendment to Article VI, § 13 requiring condemnors to make a public declaration establishing the necessity for taking or damaging private property before exercising eminent domain
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Explicitly defines what does not qualify as "public use" for eminent domain purposes: increases in tax base, tax revenues, employment, or general economic health
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Requires just compensation to be determined according to legal procedures established by the Legislature and Article VI, § 6 of the state constitution
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Prohibits considering benefits that may accrue to property owners from improvements made by private corporations when calculating compensation for taken or damaged property
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Amendment would be submitted to South Dakota voters for approval at the next general election
Legislative Description
Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a declaration of necessity and clarifying public use of private property taken or damaged by eminent domain.
Eminent Domain
Last Action
Senate Do Pass Amended, Failed, YEAS 14, NAYS 19. S.J. 433
3/2/2026