South Dakota Governor Larry Rhoden Signs Landmark Bill Restricting Eminent Domain for CO2 Pipelines
FOR IMMEDIATE RELEASE: March 6, 2025
In a historic victory for landowners and citizen advocacy, South Dakota Governor Larry Rhoden has signed HB 1052 into law, banning the use of eminent domain for private CO2 pipeline projects. This landmark legislation marks a major win for property rights and rural communities, ensuring that corporations can no longer use government-backed land seizures for private gain.
Dakota Rural Action (DRA) and its members have been on the front lines of this fight since the very beginning. What started as a grassroots effort in 2021 has grown into one of the most significant political movements in South Dakota’s recent history—spanning multiple county ordinances, PUC permit hearings and denials, legal battles that have gone to the SD Supreme Court, major shake ups in the SD GOP, and last year’s successful referral of Referred Law 21.
“With the signing of HB 1052, South Dakotans have once again shown that when we stand together, we can protect our land, our rights, and our way of life,” said Ed Fischbach, a DRA Board Member and longtime advocate. “This is a victory for every farmer, rancher, and South Dakotan who refused to back down against corporate overreach.”
The bill was championed in the legislature by Senator Mark Lapka and Representative Karla Lems, who were both among the citizens impacted by CO2 pipelines in recent years.
“With the signing of HB 1052, we see that “Under God the People Rule” is a good and fitting motto for the state of South Dakota”, said Representative Lems. “Sometimes the system works, but the key factor was the people getting involved in their government. I feel so privileged to have been a part of this great effort and am thankful to all who played a part.”
For landowners like DRA member Betty Strom, this legislation is deeply personal. “For three years, my neighbors and I have fought to protect our land and livelihoods, but I was one of the hundreds of South Dakotans that Summit sued in 2023,” she said. “HB 1052 means we no longer have to live with the fear and stress of losing our property to private greed.”
This victory is the culmination of years of dedicated grassroots organizing, legal efforts, and bipartisan cooperation. It follows a series of major wins against corporate pipeline interests, including the victories in the SD Supreme Court and multiple permit denials by the South Dakota Public Utilities Commission.
In 2006, as a state legislator, Governor Rhoden was the prime sponsor of the last major eminent domain reform passed in the state in response to the U.S. Supreme Court’s controversial Kelo v. City of New London decision, which expanded the use of eminent domain for economic development.
“Governor Rhoden has solidified his place in South Dakota history as a true defender of property rights,” said DRA Senior Organizer Chase Jensen. “He has stood with the people when it mattered most.”
DRA encourages South Dakotans to take a moment to celebrate this victory and to thank Governor Rhoden for signing HB 1052 into law. Constituents can contact his office at (605) 773-3212.
Additional statements:
“The amount of legal and legislative dominos that fell in the exact order and the exact time they needed to over the last four years is beyond explanation. We united, strategized, remained disciplined, and grew our coalition and executed our plans in a way few believed was possible. Landowners can now say “no thank you” without repercussions. Incredible victory,” said attorney Brian Jorde of Domina Law Group, who has represented South Dakota landowners with the South Dakota Easement Team at state-based regulatory agency proceedings, as well as against eminent domain threats from pipeline companies.
Emma Schmit, Bold Alliance’s Pipeline Fighters Director, stated, “South Dakota has sent a clear message — our rights are more important than conveniencing pipeline companies. Surrounding states should take note. It’s time to end the blatant abuse of eminent domain for private gain.”
Gov. Rhoden issued a letter to the South Dakota Legislature explaining his decision: “Because of the high level of public interest in this bill in particular and this issue as a whole, I wish to outline my thought process to the legislature and to the people of South Dakota. I am no stranger to discussions about eminent domain and property rights. l’ve fought for private property rights in this Capitol for over 20 years. When l was a legislator, I was the prime sponsor of legislation that reformed eminent domain to protect property rights. I don’t just care about landowners – I am a landowner… South Dakota landowners feel strongly that the threat of involuntary easements for the proposed carbon dioxide pipeline infringes on their freedoms and their property rights. I have said many times that Summit needs to earn back trust from South Dakota landowners. Unfortunately, once trust is lost, it is a difficult thing to regain.”