H.J.Res.5001

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a declaration of necessity and clarifying public use of private property taken or damaged by eminent domain.

Chamber Passed·1/27/26

Proposing a constitutional amendment to clarify eminent domain use and compensation in South Dakota.

This bill proposes an amendment to the South Dakota Constitution to clarify the use of eminent domain and compensation for private property taken or damaged. It specifies that benefits accruing to the owner from improvements made by a private corporation cannot be considered in fixing compensation. It also states that the fee of land taken for railroad tracks or other highways remains in the owner, subject to its use.

Included in complete analysis

  • Overview
  • Core Provisions
  • Implementation
  • Impact
  • Legal Framework
  • Critical Issues

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Where it stands

Last
Passed the House · 5–3 · Jan 27
Current
The Senate
Next
Senate floor vote

Sponsors

0
29
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Democratic CaucusRepublican Caucus

Roll Call Votes

14 Yea

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19 Nay

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2 Absent

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Calendar

Feb 25

12:00 AM

Senate State Affairs Hearing

Jan 23

12:00 AM

House State Affairs Hearing

History

Mar 2

Senate

Senate Do Pass Amended, Failed, YEAS 14, NAYS 19. S.J. 433

Feb 25

Senate

Scheduled for hearing

Feb 25

Senate

State Affairs Motion to amend, Passed S.J. 33 Amendment HJR5001E