SB 88 — clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.

26.440.1526.440.16 101st Legislative Session 88 South Dakota Legislature Senate Bill 88 IntroducedENROLLED by:A N A CT ENTITLED An Act to clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.

SenatorB LapkaE AnIT ActENACTED toBY clarifyTHE theLEGISLATURE procedureOF forTHE aSTATE potentialOF condemnorS toOUTH examineD realAKOTA property: absent the property owner's permission.

B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :

Each Except as otherwise provided in this section, any person vested with authority to take private property for public use may cause an examination and survey to be made as necessary for its proposed facilities.facilities, and the person, or the person's agent or officer, may enter the property to conduct the examination and survey.

The,If and the person,owner orof the person'sproperty agentsdenies andpermission officersfor agent or officer, may enter the privateexamination propertyor forsurvey, the purposeperson ofmay to conduct theonly an examination and survey.must:

Any person seeking to cause an examination or survey, where If the owner of the property denies permission for the examination or survey has been denied, the person may conduct only an examination and must:

(2) Provide to the owner of the private property, thirty days' written notice, served in accordance with § 15-6-415-6- or sent by certified mail with return receipt requestedrequested, that, which contains:

(a) A description of the specific portions of property to be examinedexamined; and surveyed;

(d) A description of the types of surveys and examinations type of examination that may be conducted;

and Overstrikes(e) indicateThe deletedname language.and contact information of the person, or the person's agent or officer, who will enter the property to conduct the examination;

26.440.15 2 88 (e) The name and contact information of the person, or the person's manager agent or officer, who will enter the property for the purpose of causing to conduct the examination and survey;

If26.440.16 the2 project88 isThe forowner constructionmay ofchallenge athe commonproposed carrier,examination asor describedsurvey inby §commencing 49-7-11,an action in additioncircuit tocourt thein foregoing, the personcounty mustwhere makethe aexamination one-timeor paymentsurvey tois theproposed, owner,within priorthirty todays entry,of inservice the amount of five hundred dollars as compensation for entering the owner'swritten property.notice.

AUpon landownerwritten Therequest, the owner mayis challengeentitled the right to surveya orcopy examineof proposed examination or survey by commencing an action in circuit court in the countyresults whereof theany survey or examination orconducted surveypursuant isto proposed,this withinsection. thirty days of service of the written notice in circuit court.

Upon the written request of the owner, the owner is entitled to a copy of the results of a any survey or examination of the owner's private property conducted pursuant to this section must be provided to the owner.

For the purpose purposes of this section, the term "examination" means an a minimally invasive, superficial inspection of a real property, resulting in no more than minor soil disturbances, to obtain general information which that is not a matter of public record.

For the purpose purposes of this section, the term "survey" means a more detailed, comprehensive, or invasive investigation of a real property.

OverstrikesSB88 indicateENROLLED deleted26.440.16 language.3 88 An Act to clarify the procedure for a potential condemnor to examine real property absent the property owner's permission.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

88 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

88 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB88 ENROLLED