SB 88 South Dakota Senate · 2026 Regular Session

clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.

SB 88 clarifies the process for entities seeking to examine private property for public projects (like utility lines) without the owner's permission. It requires such entities to provide 30 days' written notice detailing the property area, timing, and purpose, and pay for any damage caused - $500 upfront for common carrier projects. Property owners can challenge the examination in court within 30 days of receiving notice. The bill applies only to projects needing a siting permit (e.g., utilities), not state entities, and defines "examination" as a minimally invasive inspection causing minor soil disturbance.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Mar 2026

Signed into Law

Mar 2026

Introduced Jan 15, 2026 Signed Mar 12, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 6 edits · Mar 1, 2026

MODERATE

This bill amends South Dakota law to clarify the process for government entities to examine private property without the owner's permission when a siting permit is pending or approved. The changes establish specific notice requirements, payment obligations for damages, and court challenge procedures, while explicitly exempting the state and its political subdivisions from these rules.

Scope change

The bill applies only to projects requiring a siting permit under chapter 49-41B and explicitly excludes the state and its political subdivisions from the new examination procedures.

REQUIREMENT

Added a 30-day written notice requirement that must include property descriptions, entry dates/times, duration, examination type, and contact information.

Added mandatory payment or security for payment to cover any actual damage caused by the property examination.

ENFORCEMENT

Added the right for property owners to challenge examinations in circuit court within 30 days of receiving notice.

DEFINITION

Added definitions distinguishing 'examination' (minimally invasive, superficial inspection) from 'survey' (more detailed or invasive investigation).

ELIGIBILITY

Added requirement that a pending or approved siting permit application with the Public Utilities Commission must exist before examination without permission.

SCOPE

Added explicit exemption stating the section does not apply to the state or its political subdivisions.

Floor votes · Senate Feb 4, 2026 · House Feb 26, 2026

How they voted

34–0

Passed · 1 other

Total votes 35

Feb 4, 2026

D Democratic3

3 Yea

100% Yea

R Republican32

31 Yea 1

96% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 12, 2026

Signed into law

Signed by the Governor on 2026-03-12 S.J. 529

executive

Mar 3, 2026

Lower · Passed

Signed by the Speaker H.J. 493

lower

Mar 2, 2026

Lower · Passed

Signed by the President S.J. 434

lower

Feb 26, 2026

Lower · Passed

House of Representatives Do Pass , Passed, YEAS 66, NAYS 0 H.J. 461

lower

Feb 25, 2026

Lower · Passed

Commerce and Energy Do Pass , Passed, YEAS 11, NAYS 0

lower

Feb 5, 2026

Introduced

First read in House and referred to House Commerce and Energy H.J. 238

lower

Feb 4, 2026

Upper · Passed

Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 183

upper

Feb 3, 2026

Upper · Passed

Commerce and Energy Do Pass , Passed, YEAS 9, NAYS 0 S.J. 8

upper

Jan 15, 2026

Introduced

First read in Senate and referred to Senate Commerce and Energy S.J. 55

upper

29 primary · 0 co-sponsors