07/18/2023
FOR IMMEDIATE RELEASE: SOUTH DAKOTA LAWMAKERS CALL FOR SPECIAL SESSION TO PROTECT LANDOWNERS’ PRIVATE PROPERTY RIGHTS FROM EMINENT DOMAIN ABUSE BY PRIVATE COMPANIES.
Today, state lawmakers from all across the state answered the call of South Dakota landowners, farmers, and ranchers and began circulating a petition for a special session to protect landowners’ private property rights from being seized without consent by private companies in the name of “eminent domain.”
Landowners and farmers from across South Dakota recently called for a special session at a highly-attended landowner rights rally at the State Capitol Rotunda in Pierre, SD.
The petition for a special session comes in response to carbon sequestration pipeline companies (one of which, Summit Carbon Solutions, is backed in part by foreign investors including China) that are using the power of eminent domain to seize and use South Dakota farmland without landowner consent.
“It’s time. The clock is ticking for South Dakota landowners,” said Representative Karla Lems, co-sponsor of the special session petition. “The ‘governed’ do not consent to having their land molested by out of state, for-profit companies with foreign investors. May there be men and women of courage who are willing to call a special session. This affront on freedom must be stopped.”
The petition will need to be signed by at least 2/3rds of the members of the South Dakota House of Representatives and 2/3rds of the members of the South Dakota Senate in order to call a special session. If the petition is successful, the legislature will meet to consider legislation regarding “legislative proposals on eminent domain, land property rights, and carbon sequestration pipelines,” according to the language of the petition.
Governor Kristi Noem also has the power, on her own, to call a special session by proclamation. Landowners recently delivered written requests from over 2000 people asking Governor Noem to call the special session and lead on defending private property rights in South Dakota against eminent domain abuse by private companies. To date, Governor Noem has refused the landowners’ requests for help.
Representative Brandei Schaefbauer of Aberdeen and co-sponsor of the special session petition, said, “When a private company has the authority to use eminent domain on someone’s land this time, what is stopping the next private company from using eminent domain on your house or business next time? This affects everyone in the cities, too.”
“China backed Summit Carbon Solutions acts like they own South Dakota,” said Representative Jon Hansen, co-sponsor of the special session petition. “Without permission, they walk onto people’s private property, into their buildings, trample over crops with complete disregard, and drill 90 feet into the ground and survey the place like they own it. Not to mention bringing armed guards with them. In the face of this complete desecration of South Dakota private property rights, elected officials must choose: do nothing and side with an out-of-state, foreign-owned company, or call a special session now and side with South Dakota landowners.”
“We need to make a decision to stand with our landowners,” said Representative Carl Perry, a co-sponsor of the petition. “We need to have a special session, and we need to get the Senate and our Governor Kristi Noem on board with South Dakota Landowners! No eminent domain for private gain.”
“Elected officials need to do what we are elected to do: lead,” said Rep. Scott Moore, co-sponsor of the special session petition. “If a landowner signed a voluntary easement, great, but that shouldn’t mean that the neighbors should have their property rights stripped from them with eminent domain. Public right of ways were put in place for this exact reason, I would encourage projects to use them.”
The use of eminent domain by Summit Carbon Solutions has been met with widespread opposition from landowners, farmers, and ranchers, with many calling their taking of private property without consent unconstitutional.
“The takings clause of the Fifth Amendment applies to the government, and limits its ability to seize private property,” said Representative Scott Odenbach, co-sponsor of the petition. Allowing Summit Carbon Solutions to seize private land because “the current thing” is green energy carbon capture, falls outside these limits and sets a dangerous precedent. All members who swore an oath to the Constitution should act with haste to stop this injustice.”