SD House passes bill limiting eminent domain for carbon dioxide pipelines

The South Dakota House passes a bill limiting carbon dioxide pipelines from using eminent domain against landowners who don’t want the lines crossing their property.

HB 1133 says carbon dioxide is a commodity when someone is willing to pay for it and is not a commodity when it’s going to be placed in a deep hole.

The measure would allow the use of eminent domain if CO2 from the lines is used in other industrial processes.

Bill sponsor Republican Representative Karla Lems of Canton says nothing in the bill prohibits the planned pipelines from being built.

Opponent Republican Roger Chase of Huron says CO2 is clearly a commodity–which gives it the right to use eminent domain–because there is a market for it. He says it’s used in soda pop, beer brewing, and in many industrial processes. Chase says the problem is there’s too much of it to be used by industry.

The bill passed 40-28 and now heads to the Senate.


February 10, 2023