South Dakota legislation aims to help landowners negotiate fair easements in development projects

South Dakota lawmakers are focusing on value-added agriculture in new legislation initiatives for the state. The State House Majority Leader Representative says these bills would be the strongest landowner protections passed in two decades.

South Dakota lawmakers are focusing on value-added agriculture in new legislation initiatives for the state. Republicans in South Dakota’s State House and Senate have drafted three bills with the hopes of finding a compromise between landowners and the development of projects, like carbon or ethanol pipelines.

S.D. State Majority Leader, Rep. Will Mortensen, is one of the prime sponsors of the legislation. He shares how these bills would be the strongest landowner protections passed in two decades:

“They make sure that our farmers and ranchers are fairly compensated when these projects come across their land and that there are minimum easement terms so that our farmers and ranchers have good footing, especially with the specter of eminent domain behind them, that there is a more level playing field for our farmers and ranchers to negotiate fair easements on their land.”
State Rep. Will Mortenson (R) South Dakota

One of the bills also includes a one-time payment of an access fee.

“I also happen to think that if someone’s coming on your land that you don’t like, or you don’t want to be there, that they should have to pay a little bit for that and so that bill also includes a $500 one time fee for the access that projects have on to the farms and ranches across South Dakota. These are substantial pro land owner measures. They make our process fair without cutting off our nose to spite our face. That is, these measures are intended to make our process better and fairer without blocking projects.”
State Rep. Will Mortenson (R) South Dakota

Another sponsor of the legislation, South Dakota Senate Majority Leader, Sen. Casey Crabtree says the central goals of these three bills are respect for landowners, certainty for value-added agriculture into the future, and infrastructure.

LATEST STORIES BY THIS AUTHOR:

National Sorghum Producers Executive Director Greg Ruehle says there’s a discrepancy between sorghum producer’s reports of this year’s crop and the USDA’s forecast.
Upcoming changes to the EPA’s pesticide labeling system aim to avoid blanket use restrictions that impact all farmers and increase safety for endangered species.
Since the break out of the Russian-Ukraine War, many European Union and partner countries have placed sanctions on Russia.
A beef specialist with the Iowa State University Extension recommends producers develop a pasture “to-do list” to keep their lands thriving despite challenging conditions.
Agriculture Shows
From soil to harvest. Top Crop is an all-new series about four of the best farmers in the world—Dan Luepkes, of Oregan, Illinois; Cory Atley, of Cedarville, Ohio; Shelby Fite, of Jackson Center, Ohio; Russell Hedrick, of Hickory, North Carolina—reveals what it takes for them to make a profitable crop. It all starts with good soil, patience, and a strong planter setup.
Champions of Rural America is a half-hour dive into the legislative priorities for Rural America. Join Host and Market Day Report Anchor Christina Loren as she interviews members of the Congressional Western Caucus to learn about efforts in Washington to preserve agriculture and tackles the most important topics in the ag industry on Champions of Rural America!
Farm Traveler is for people who want to connect with their food and those who grow it. Thanks to direct-to-consumer businesses, agritourism, and social media, it’s now easier than ever to learn how our food is made and support local farmers. Here on the Farm Traveler, we want to connect you with businesses offering direct-to-consumer products you can try at home, agritourism sites you can visit with your family, and exciting new technologies that are changing how your food is being grown.
Featuring members of Congress, federal and state officials, ag and food leaders, farmers, and roundtable panelists for debates and discussions.
Host Ben Bailey hops in the tractor cab, giving farmers 10 minutes to answer as many questions and grab as much cash as they can for their local FFA chapter.