Pierre, South Dakota (March 25, 2024) — A South Dakota blizzard postponed Veto Day and a corresponding Referendum Rally organized by citizens who recognize that the controversial bill SB 201 must not become law.
A “Veto by the People” is the goal of the Referendum. Citizens are organizing across the state to carry petitions to each county. “This boils down to one theme: South Dakota is not for sale,” says Jim Eschenbaum, the chair of South Dakota Property Rights and Local Control Alliance. “This bill was cobbled together, poorly written and rife with consequences like the loss of local control.”
SDPRLCA understands all too well that as a grassroots organization, they are up against the taxpayer funding that Summit Carbon Solutions will use for a massive paid advertising campaign across the state. SDPRLCA will rely on the honest pursuit of truth by South Dakota journalists and regular citizens in getting the word out. When hundreds of millions of dollars funnel into a state like South Dakota, every person should ask themselves, who benefits? In the case of SB 201, a handful of out-of-state and foreign investors will make the lion’s share of the money, and South Dakotans will lose the local control that has been in place for 135 years.
Dissent and Protest of the passage of SB 201 were filed by members of both the House and Senate in early March. Clearly this bill is a violation of the South Dakota Constitution and tramples on one of our most fundamental rights as an American, that of owning private property.
Here are the reasons why SB 201 must not become law:
Violation of the South Dakota Constitution: SB 201 violates the constitutional mandate prohibiting the Legislature from enacting private or special laws that regulate county and township affairs. The bill's preemption of local land use, zoning, and building regulations undermines South Dakota's 135-year-old tradition of established local control.
South Dakota Constitution mandates, "No law shall cover more than one subject, which must be clearly stated in its title." The title of SB 201 encompasses three distinct and separate subjects, while the bill's content incorporates several additional topics not reflected in its title.
Erosion of Local Control: The bill changes current law by mandating that transmission facility regulations be subject to Public Utilities Commission (PUC) orders, stripping local communities of their decision-making powers.
Misleading "Landowner Bill of Rights": SB 201's so-called protections fail to address eminent domain abuse—the critical issue—by facilitating easier land acquisition and use by private pipeline companies at the expense of South Dakotans' inherent property rights. It should be referred to as a Landowners “Bill of Sale.”
Restrictions on Fees: The bill limits the ability of local government to impose fees, including those crucial for emergency response, effectively shifting the financial burden of potential pipeline incidents onto taxpayers.
Inadequate Protection for Citizens: SB 201, as passed, contains insufficient safeguards for citizens and property owners who would live in close proximity to the proposed pipeline. It totally fails to address the severe risk of possible catastrophic pipeline failures, which could endanger the lives and property of thousands of citizens.
Vague Terminology and PUC Handcuffing: Ambiguous language within the bill restricts the PUC's discretionary powers, compromises the commission's ability to make informed decisions for the citizens' welfare, and invites potential litigation.
Lack of Transparency: SB 201 obscures the significant risks posed by inexperienced companies, such as Summit Carbon Solutions, with limited experience in the CO2 pipeline industry. SB 201 fails to make "plume studies" publicly available. The lack of transparency in providing this information to local and county officials and emergency responders should raise serious concerns over public safety and, by Summit Carbon Solution's own admission, national security.
With the passage of SB 201, South Dakota became a state where profits trump property rights. The SDPRLCA stands firm in its conviction that South Dakotans deserve the right to decide on legislation that directly impacts their freedom, local control, and safety. The Alliance calls upon all South Dakotans and concerned organizations to join its efforts to challenge SB 201 and protect the state's constitutional and local governance integrity.
About SDPRLCA
The South Dakota Property Rights and Local Control Alliance is a grassroots coalition dedicated to defending South Dakota's constitutional rights and local governance from legislative overreach. Comprised of engaged citizens, property owners, and local leaders, SDPRLCA advocates for transparency, safety, and local autonomy across the state.
For more information, please contact:
Rick Bonander
605-940-7738
Citizen Volunteer
South Dakota Property Rights and Local Control Alliance
