South Dakota legislative committee passes bill to limit carbon capture pipeline eminent domain

South Dakota Broadcasters Association-Austin Goss

A South Dakota legislative committee passed a bill Friday aimed at limiting carbon pipeline projects by stripping the power of eminent domain for carbon dioxide transportation.

House Bill 1052, which passed 10-3, would prevent companies like Summit Carbon Solutions from using eminent domain to acquire private land for pipeline construction.

The bill’s prime sponsor, Speaker Pro Tempore Karla Lems, called the legislation “the people’s bill,” saying it responds to voter opposition to a similar pipeline measure last year.

“Eminent domain is a power that can be easily abused,” Lems said.

Supporters of Summit’s pipeline warned the bill would effectively end the project in South Dakota. Summit attorney Brett Koenecke argued that eminent domain is necessary for negotiation, pointing to an example where a landowner was offered nearly $500,000 for land access.

The South Dakota Chamber of Commerce opposed the bill, questioning its narrow focus.

“If this is truly about property rights, and only about property rights, it doesn’t seem to make sense to me that it is only about CO2,” said Chamber President David Owen.

Despite opposition, the bill passed the committee with strong backing from anti-pipeline activists.

“You have a mandate from the people, they have spoken definitively,” said landowner and activist Amanda Radke.

The bill now heads to the full House for a vote.