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South Dakota’s Carbon Pipeline Eminent-Domain Ban: What HB 1052 Does

Signed March 6, 2025, South Dakota HB 1052 restricts eminent-domain use for pipelines whose preponderant purpose is transporting carbon oxide.
From TheFinanceBase Team2 min to read

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South Dakota’s 2025 law bars a person from using eminent domain to acquire right-of-way for, construct, or operate a pipeline whose preponderant purpose is transporting carbon oxide. Governor Larry Rhoden signed HB 1052 on March 6, 2025; it is enacted as Session Law Chapter 190 and codified at South Dakota Codified Laws § 49-7-13.1.

What does South Dakota’s carbon pipeline eminent-domain ban do?

The statute says: “Notwithstanding the provisions of any other law, a person may not exercise the right of eminent domain to acquire right-of-way for, construct, or operate a pipeline for the preponderant purpose of transporting carbon oxide.” The operative text appears in South Dakota Codified Laws § 49-7-13.1.

In practical terms, the restriction applies to eminent-domain use for the listed pipeline activities when the pipeline’s preponderant purpose is transporting carbon oxide. The text does not prohibit all pipelines or all carbon-related facilities. Nor does it specify how every mixed-purpose pipeline would be assessed, so the law’s application to a particular project may require further legal interpretation.

When did the law take effect, and is it still just a bill?

HB 1052 was signed by the governor on March 6, 2025, and enacted as 2025 Session Law Chapter 190. The provision is now listed in the state code as § 49-7-13.1, so it is an enacted and codified statute—not a pending bill. The official 2026 subject index lists other eminent-domain matters but does not identify HB 1052 as a 2026 bill.

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What was the immediate context for Summit Carbon Solutions?

On March 6, 2025, Governor Larry Rhoden said the measure “does not kill” Summit Carbon Solutions’ project and described it as “an opportunity to reset,” according to the Associated Press. Those remarks were the governor’s political characterization, not a finding about the project’s prospects.

On March 12, 2025, AP reported that Summit sought an indefinite delay to its South Dakota permit-application timeline after the law changed its ability to survey the proposed route. That report documents the company’s stated response at the time; it does not establish the project’s eventual disposition or show that the law was the only factor affecting it. The March 2025 reporting should not be treated as an update on the project’s current status.

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