PIERRE, S.D. – As the South Dakota Legislature delves into its second week of session, the focal point is the heated debate over eminent domain and private property rights, reflecting the deep-rooted values of South Dakotans. The land of Mount Rushmore is not just about sprawling plains and farmlands; it’s about its people’s indomitable spirit to preserve independence and local control.

Rep. Karla Lems, R-Canton, and Sen. Mark Lapka, R-Leola, are spearheading the charge with House Bill 1052. This proposed legislation aims to protect landowners by prohibiting the use of eminent domain for carbon dioxide pipelines—a move that could reshape the state’s legislative landscape.

“We are laying the first brick in rebuilding the wall of property rights in South Dakota,” Lems stated unequivocally. “This bill is foundational. It’s about giving property rights back to the people and ensuring that out-of-state, foreign-backed companies cannot simply come in and take control of land that belongs to local families.”

The introduction of HB 1052 corresponds with the recent 2024 elections, where a resounding call for protecting property rights resonated across the state. According to Lems, this issue was a pivotal factor influencing the election outcome.

“Sixty-five out of 66 counties in South Dakota voted in favor of property rights and local control during the 2024 election,” Lems emphasized. “This issue resonates deeply with South Dakotans, and it’s clear they want their elected officials to stand up for their rights. We saw that reflected in the election results, and now we have more legislators in Pierre who are committed to defending those rights.”

For over three years, Lems has been on the frontline of this battle. Her motivation stems from a personal understanding of the challenges faced by families under threat of losing their property.

“I’ve been in this fight for over three years, and I know firsthand how difficult it is for families to deal with the mental stress, the financial strain, and the uncertainty that comes with having your property threatened,” she expressed passionately. “This issue affects not just farmers and ranchers—it affects everyone who believes in the right to own and control their property.”

For South Dakotans, property is more than land; it symbolizes livelihood, family heritage, and a path to self-determination. Lems underscored, “If we don’t stand up for property rights, we are opening the door for even greater encroachments on our freedoms. This battle is not just about stopping a pipeline; it’s about protecting the future of South Dakota.”

Lems urges her fellow South Dakotans to join the movement in protecting property rights by contacting their legislators to support HB 1052.

“This is a crucial moment for our state. We need the people’s voices to be heard in Pierre,” she urged. “South Dakota is open for business, but it is not for sale. We are committed to ensuring that our communities, our families, and our freedoms are safeguarded for generations to come.”

Meanwhile, Summit Carbon Solutions, aiming to construct a pipeline to capture carbon dioxide and transport it underground for storage in North Dakota, is caught in the crossfire. The company has partnered with 57 ethanol plants, including those in South Dakota, to drive an innovative energy solution forward.

Sabrina Zenor, director of marketing and communications for Summit Carbon Solutions, highlighted the initiative’s role in bolstering South Dakota’s leadership in agriculture and energy. “This project positions South Dakota to lead in agriculture and energy, proving the state is open for business and ready to thrive for generations,” Zenor mentioned.

The company claims responsiveness to regulatory bodies and stakeholders by partnering with over 500 South Dakota landowners and adjusting pipeline routes based on input.

“We’ve partnered with more than 500 South Dakota landowners and made route adjustments in response to input from stakeholders and regulatory bodies,” Zenor stated. “These efforts ensure the project addresses concerns while securing ethanol’s future and opening access to low-carbon markets.”

The project has received unanimous regulatory approval in North Dakota, Iowa, and Minnesota, praised for its safety and benefits. Zenor expressed confidence in seeking similar affirmations in South Dakota: “South Dakota deserves the same clarity and confidence.”

The Future of South Dakota’s Property Rights

The clash over HB 1052 is more than a legislative debate; it’s symbolic of South Dakota’s enduring spirit to preserve its heritage while embracing opportunities for growth. The convergence of tradition and progress characterizes the ongoing saga in the state’s Capitol.

As discussions continue, one thing remains clear: the true essence of South Dakota—its people, their land, and their zeal for independence—remains strong. The legislative halls in Pierre echo with the voices of generations committed to protecting their domain against encroachment.

Rep. Karla Lems’ vision for South Dakota’s future is shared deeply across the state’s vast landscapes, with South Dakotans rallying for a cause that defines their identity: the protection of their land, rights, and way of life.