With mounting tensions between farmers and CO2 pipeline companies across the state, some lawmakers believe it is time to change state law on eminent domain.
And they don’t want to wait until session starts in January.
The Legislative Research Council informed state lawmakers that a list of House Republicans are requesting a special session on eminent domain, land property rights, and carbon sequestration pipelines.
The petition for a special session was originated by Representatives Jon Hansen, Karla Lems, Scott More, Scott Odenbach, Carl Perry, and Brandei Schaefbauer.
Proponents of the petition said state eminent domain laws should be updated in case the Public Utilities Commission approves the carbon pipeline applications. Opponents said lawmakers continue to be too divided on the topic, making a special session useless.
Gov. Kristi Noem voiced her skepticism on the likelihood of a special session before the petition was circulated.
“Well, the legislature has the ability to go into session. And once they go into session they have to act. What their leadership has told me is that they don’t have consensus, they don’t have the ability to pass a bill right now, if they were to go into special session," Noem said. "So, me forcing them to do so would be fruitless. The legislature can build consensus, come forward with a bill, call themselves into session, and take action if that’s what they choose to do."
Rep. Jon Hansen represents the counties of Minnehaha and Moody. He is listed on the petition and says the special session is meant to introduce eminent domain reform. Hansen says as public representatives, there should not be a lack of consensus.
“Foreign backed company that is coming in and trying to take people’s land through eminent domain and so really it is eminent domain reform that really needs to be looked at. And it needs to be looked at right now because we’ve seen the images, they are coming onto people’s property, they’re opening their doors to their houses and going into their house and their shop," said Hansen. "They are trampling all over people’s crops just like a complete disregard and that is a huge abuse of their constitutional protected private property rights, and the legislature needs to act now to defend their rights.”
All members of the state legislature are given the option to sign, decline, or ignore the petition. A special session can be called by either the Speaker of the House or President Pro Tempore if the petition is signed by two-thirds majority.
If the majority of lawmakers do not sign, the petition will remain an active document until the 2024 Legislative Session.
The PUC begins its review of Summit Carbon Solution’s carbon pipeline application this September.
