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SD SB88
Bill
AI Summary
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Applies only to projects requiring a siting permit under chapter 49-41B (energy facility siting)
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When a property owner denies permission, the condemnor may conduct only a minimally invasive "examination" (not a full "survey") and must have a pending or approved siting permit application with the Public Utilities Commission
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Requires 30 days' written notice to the property owner specifying the property portions, date/time, duration, type of examination, and contact information of the person conducting it
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Condemnor must pay or provide security for any actual property damage caused by entry
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Property owners may challenge the proposed examination in circuit court within 30 days and are entitled to copies of examination results upon written request
Legislative Description
Clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.
Judicial Remedies
Last Action
Signed by the Governor on March 12, 2026 S.J. 529
3/12/2026