Bill > HB1295

This bill revises how the South Dakota Department of Transportation can acquire land or materials for highway projects, specifically addressing "borrow pits," which are areas where earth materials are excavated for use in construction. The bill clarifies that the Department of Transportation can obtain land or materials for borrow pits through gifts, purchases, or condemnation, which is the legal process of taking private property for public use with just compensation. If condemnation is necessary, the bill states that the proceedings must follow the established legal procedures outlined in Section 31-19-3. Furthermore, if the department needs to acquire an easement, which is a legal right to use another person's land for a specific purpose, or a right of way for a borrow pit, they must notify the landowner and the county register of deeds. This notice must detail the purpose of the acquisition, confirm that fair compensation will be paid, and include the department's plans and a precise description of the property involved. All known parties with an interest in or lien on the property must also receive a copy of this notice. Once an agreement is reached and the sale is finalized, the county register of deeds will officially record the easement or right of way; however, if negotiations fail, the bill directs that the standard condemnation procedures will apply.

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https://sdlegislature.gov/#/Session/Bill/27009