Being Able To Say Yes Or No Is The Compromise

I recently read an article about how agricultural groups are seeking a “landowner rights compromise” as the battle between private property rights and a private, out-of-state carbon pipeline company dominants the 2025 South Dakota legislative session.

The state legislature has considered several private property rights bills so far, but most notable is House Bill 1052, which would prohibit the exercise of eminent domain for carbon pipelines. 

This critical piece of legislation could be the relief that landowners have desperately sought for as they’ve battled condemnations of their land for a Green New Deal project they simply do not want to participate in.

However, some agricultural groups in South Dakota have abandoned their commitment to stand up for individual farm and ranch families and are instead advocating for mob rule. 

According to Brownfield Ag News, “South Dakota Farm Bureau (SDFB) and South Dakota Corn Growers Association (SDCGA) say pipeline companies should be required to get voluntary easements for at least two-thirds of a project before eminent domain is used.

SDFB President Scott VanderWal told Brownfield, “Our organization is very focused on private property rights. And a lot of people would say ‘well, you have to defend private property rights by saying we shouldn’t use eminent domain for it.’ But what about the people who want to sign an easement to let the pipeline go across their property? They have property rights, too.”

Meanwhile, SDCGA Vice President Trent Kubik said, “We do feel there are lawmakers looking for a compromise and from our viewpoint, we feel this is a good one.”

Let’s keep in mind that this company, which SDFB and SDCGA are carrying the water for, has condemned 160 landowners. It has sued a county for its ordinances. And most recently, it has filed a lawsuit against a member of the Public Utilities Commission.

So it’s quite concerning when associations, who promise to fight for family farms and ranches, would take such a brazen position on landowner rights. 

Two-third sign-ups on easements for a project isn’t a “compromise;” it’s mob rule. Bull-doze through one-third of the farmers and ranchers in the path with the extreme use of eminent domain for a private company to get your way? How’s that for advocating for agricultural families? How is that a “compromise?”

No, that “compromise” - just like the other suggested bill SB198, that would force mediation on landowners who just want to be left alone - is yet again trying to put lipstick on a pig. 

Hog-housed by Senator Jeff Mehlhaff (District 24) and crammed with nonsense, this bill promises to be the reasonable compromise between a bad actor and the landowners who just want to be left alone. We don’t want to mediate with our bully; we want to say, “No thank you. Please go around.” How difficult is that to understand? 

I’m flabbergasted that we have to continue to repeat a fundamental truth that our elected officials conveniently forget at voting time - our private property rights are God-given, Constitutionally-protected, and not for politicians to flippantly chip away at for their pet projects. 

South Dakotans have spoken loudly and definitively on carbon pipelines. HB1052, is without question, the commonsense, reasonable, and fair solution to an ongoing problem that has plagued citizens for far too long.

In no way does HB1052 stop a carbon pipeline project from happening. The project can be done; however, easements should be acquired where both parties have a level playing field, not where one enters the conversation with the threat of condemnation and the other has everything to lose with no ability to protect themselves and their land. 

I call upon our legislature to do the right thing for South Dakota citizens and for our state’s hard-working agricultural families. 

It’s time for our elected officials to answer the cries of the citizens and send a clear message to potential companies who want to come do business here: We love opportunity, and we are open for new and exciting ideas. However, if you’re going to enter into business in our state, you must secure landowner easements through good faith negotiations. And you must respect those who have other business plans for the land that they own.

With the passage of HB1052, landowners can finally say, “No, thank you.” And that’s a full sentence.