Docket Room
SB 88·SD·senate

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

Signed into LawFiled Jan 15, 2026
Sponsor: Lapka
Latest Action

Signed by the Governor

Mar 12, 2026

Summary

The bill lets a person or agency authorized to take private property for public use conduct a non‑invasive examination of the land even if the owner refuses permission, provided the project has a pending or approved siting permit. The authority must give the owner 30 days’ written notice, pay for any damage and, for common‑carrier projects, a $500 entry fee. Owners can challenge the entry in court within 30 days and must be given a copy of any examination results.

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