HB1219 prohibits companies from using eminent domain to construct pipelines primarily for transporting carbon oxide for geological storage or sequestration.
The South Dakota State House of Representatives rejected to place HB1219 on the calendar by a vote of 32 to 36. We have assigned pluses to the ayes because eminent domain for private corporations violates the U.S. Constitution, specifically the Fifth and Fourteenth Amendments. The Fifth Amendment explicitly states, “nor shall private property be taken for public use, without just compensation.” Furthermore, the Fourteenth Amendment declares, “nor shall any State deprive any person of life, liberty, or property, without due process of law.”