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South Dakota’s “Bossly Bill,” Senate Bill 88, did more than win committee approval: Governor Larry Rhoden signed it on March 11, 2026. The law lets certain potential condemnors conduct a limited, minimally invasive examination of property after an owner refuses access—but only for projects requiring a state siting permit, and only after specified notice and damage-payment conditions are met. It does not authorize an unrestricted survey.
What the Bossly Bill does
SB 88 amends South Dakota Codified Laws § 21-35-31. It applies to a project that requires a siting permit under Chapter 49-41B. If a property owner denies permission for an examination or survey, a person with authority to take private property for public use “may conduct only an examination and must” satisfy the act’s conditions. The enrolled act controls the law’s requirements.
That distinction matters: an examination is defined as minimally invasive and superficial, causing no more than minor soil disturbance. A survey is a more detailed, comprehensive, or invasive investigation. When the owner says no, the statute permits only the former, subject to its conditions.
When entry may occur after an owner refuses
The act does not give every pipeline company a general right to enter private land. The person seeking entry must have authority to take private property for public use and must meet each of these requirements:
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Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →- A qualifying permit application: The project must require a Chapter 49-41B siting permit, and a siting permit application must be pending or approved with the South Dakota Public Utilities Commission under SDCL 49-41B-11.
- Thirty days’ written notice: Notice must be served as specified in the act or sent by certified mail with return receipt requested. It must identify the portions of the property to be entered, the anticipated date and time, expected duration, type of examination, and the entering person’s name and contact information.
- Payment or security for damage: The person entering must pay the owner, or provide sufficient security for payment, for actual damage caused by the entry.
The section does not apply to the state or its political subdivisions.
How an owner can challenge a proposed examination
An owner may challenge a proposed examination or survey in circuit court in the county where the examination or survey is proposed. The challenge must be brought within 30 days after service of the written notice. The statute also gives the owner the right to request a copy of the examination results in writing.
The court-challenge deadline runs from service of the notice. Owners facing a proposed entry may wish to review the notice promptly and consult a South Dakota attorney about the facts, the statutory deadline, and any dispute over the proposed work. This general explanation is not legal advice about a particular property or project.
Why SB 88 is called the “Bossly Bill”
Contemporaneous reporting says the proposal was named for Jared Bossly, a rural Aberdeen landowner who opposed Summit Carbon Solutions’ proposed carbon dioxide sequestration pipeline after confrontations over survey access. Those accounts describe the background to the bill; the statute itself does not establish disputed facts about any specific property entry.
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From committee approval to signed law
The Senate Commerce and Energy Committee heard SB 88 on February 3, 2026. Hub City Radio reported that the committee passed it 9–0, with no opposition testimony, sending it to the Senate floor. Committee approval was an early legislative step, not the final disposition: the Legislature later passed the bill, and Governor Rhoden signed the enrolled act on March 11, 2026. The committee report describes that February action; the official bill record and enrolled act document the enacted measure and signing date.
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