South Dakota Lawmakers Grapple with CO2 Pipelines Regulations & Landowner Concerns

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South Dakota Lawmakers Grapple with CO2 Pipelines Regulations & Landowner Concerns

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South Dakota State Capitol Building in Pierre, South Dakota (© Shutterstock/Joseph Sohm)
South Dakota State Capitol Building in Pierre, South Dakota (© Shutterstock/Joseph Sohm)

Landowners and legislators in South Dakota are locked in a heated debate over proposed regulations for carbon dioxide (CO2) pipelines, with concerns ranging from local control to the use of eminent domain.

Senator Casey Crabtree, a proponent of Senate Bill 201, believes his legislation could foster understanding between pipeline companies and landowners.

The bill seeks to establish common ground, but critics highlight a provision potentially stripping local governments of decision-making power.

"We believe in local control for local projects," Crabtree said, emphasizing that federal regulations already govern pipeline infrastructure. He remains open to amendments, noting ongoing stakeholder discussions. However, landowners see a larger issue at play.

"The legislature doesn't want to address the root problem: condemnation for private companies," Craig Shaunaman, a landowner, expressed. Joy Hohn, another landowner, echoed this sentiment, fearing a "dangerous precedent" for private companies wielding eminent domain.

Representative Jon Hansen is offering a counterpoint with House Bill 1219. His proposal denies eminent domain use for CO2 pipelines solely dedicated to carbon sequestration, arguing it lacks public benefit.

Shaunaman, representing generations of farmers, emphasizes the need to prioritize South Dakotan residents. "We need to do what South Dakota thinks is right," he stated.

Meanwhile, the federal government is adding its voice to the mix. The Biden administration is reviewing proposed safety regulations for CO2 pipelines, with public comment expected after the review concludes.

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