Congratulations to the South Dakota House of Representatives for listening to the wishes and voices of its South Dakota citizens. The house overwhelmingly passed HB 1052 on Monday 49-19.

This was a majority across the aisle and is not a Republican or Democrat issue. This bill protects our South Dakota constitutional rights.

We saw a great example of government "for the people and by the people!" House Bill 1052 will prohibit the use of eminent domain for a CO2 pipeline to gain ownership or access to private property.

In South Dakota history eminent domain has been rarely used; and then only for roads, electricity, water, natural gas (public utilities). Results from the November election were 65 of 66 counties turned down RL21- related to carbon pipelines. After the election, Summit Carbon Solutions filed a second application with the South Dakota Public Utilities Commission to construct a high-pressure 2,200 PSI carbon pipeline across a large section of South Dakota. There is much to learn about this project. This is an out-of-state (foreign investors) privately held "for-profit" company.

The project is intending to connect to several ethanol plants that are also privately held. There are many potential dangers and concerns that property owners have. House Bill 1052 will assure that property owners have the right to say “yes” or “no” to what happens on their property. Eminent domain cannot be used to force property owners into court for an out-of-state private company to gain access to any land they want.

In the past there have been private wind towers constructed along with large dairies, and multiple ag-processors coming into our area — all of them needing specific land and they each have potential benefits and risks of their independent businesses for their expansion. All of these companies that have come into South Dakota with these new energy and ag-related technologies, have done so without using eminent domain. They negotiated their sites and agreements with each landowner individually. This is business as usual and should remain this way.

Our Brookings County commissioners have heard from many citizens for several months across the county of the hazards and concerns there are with this unique highly pressurized carbon pipeline. I would like to thank our Brookings County commissioners for passing Resolution No. 25-04 on Jan. 21 — which specifically ”Urges the South Dakota Legislature to Pass Eminent Domain Reform Prohibiting the Use of Eminent Domain for Private Gain.”

Minnesota has a similar restriction prohibiting CO2 pipelines from using eminent domain. If private companies gain the ability to use eminent domain for private gain — it will be devastating to our foundational rights as citizens of this state that have worked hard and paid for our homes, buildings, businesses and land. This bill goes on to the Senate in the next week.

Please contact our Sen. Tim Reed — his email is Tim.Reed@sdlegislature.gov — and ask him to support HB1052 to protect our foundational rights for private property owners in South Dakota.