Bill > SB88

This bill clarifies the process for entities that might potentially condemn, or take private property for public use, to examine that property without the owner's immediate permission. A "condemnor" is an entity with the legal authority to take private property for public projects, like roads or utilities. The bill amends existing law to specify that if a property owner denies permission for an examination or survey, the potential condemnor must first have a pending or approved siting permit application with the Public Utilities Commission, which is a state agency that regulates utility projects. They must then provide the property owner with at least thirty days' written notice detailing the specific property areas to be examined, the expected dates and duration of entry, the type of examination, and contact information for the person entering. The notice must be served according to legal procedures or sent by certified mail. Additionally, the condemnor must compensate the owner for any actual damage caused by the entry. The bill also defines "examination" as a superficial inspection that causes no more than minor soil disturbance to gather general information not publicly available, and "survey" as a more detailed or invasive investigation. Property owners have the right to challenge the proposed examination or survey in court within thirty days of receiving notice and can request a copy of the results. This section does not apply to the state or its local government subdivisions.

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https://sdlegislature.gov/#/Session/Bill/26739