SB 88

26.440.16  101st Legislative Session  88
                                    2026 South Dakota Legislature
                                               Senate Bill 88
                                                   ENROLLED
                                             AN ACT
ENTITLED An Act to clarify the procedure for a potential condemnor to examine real
         property absent the property owner's permission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-35-31 be AMENDED:
            21-35-31. The provisions of this section only apply to a project that requires a
   siting permit pursuant to chapter 49-41B. Except as otherwise provided in this section,
   any person vested with authority to take private property for public use may cause an
   examination and survey to be made as necessary for proposed facilities, and the person,
   or the person's agent or officer, may enter the property to conduct the examination and
   survey.
            If the owner of the property denies permission for the examination or survey, the
   person may conduct only an examination and must:
   (1)      Have a pending or approved siting permit application with the Public Utilities
            Commission of the State of South Dakota pursuant to § 49-41B-11;
   (2)      Provide to the owner thirty days' written notice, served in accordance with § 15-6-
            4 or sent by certified mail with return receipt requested, which contains:
            (a)    A description of the specific portions of property to be examined;
            (b)    The anticipated date and time of entry;
            (c)    The anticipated duration of presence on the property;
            (d)    A description of the type of examination that may be conducted; and
            (e)    The name and contact information of the person, or the person's agent or
                   officer, who will enter the property to conduct the examination; and
   (3)      Make a payment to the owner, or provide sufficient security for the payment, for
            any actual damage done to the property by the entry.
26.440.16  2  88
            The owner may challenge the proposed examination or survey by commencing an
   action in circuit court in the county where the examination or survey is proposed, within
   thirty days of service of the written notice.
            Upon written request, the owner is entitled to a copy of the results of any survey
   or examination conducted pursuant to this section.
            This section does not apply to the state or its political subdivisions. This section is
   in addition to and not in derogation of other existing law.
            For purposes of this section, "examination" means a minimally invasive, superficial
   inspection of real property, resulting in no more than minor soil disturbances, to obtain
   general information that is not a matter of public record. For purposes of this section,
   "survey" means a more detailed, comprehensive, or invasive investigation of real
   property.
SB88 ENROLLED
26.440.16  3  88
An Act to clarify the procedure for a potential condemnor to examine real property absent the
property owner's permission.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 Senate as Bill No. 88
                                                     By
                      Secretary of the Senate  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                      President of the Senate  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                      Secretary of the Senate
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                         Speaker of the House
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                     Chief Clerk of the House  Secretary of State
 Senate Bill No. 88  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
SB88 ENROLLED