URGENT: Members of the South Dakota Legislature are seeking to enact legislation that would decimate property rights and local control by overriding local-government ordinances that regulate such pipelines going through their jurisdictions.
Senate Bill 201 (SB 201) has been introduced in the Legislature. If enacted, it would usurp local control and undermine property rights by prohibiting local governments from enacting ordinances that regulate carbon-capture pipelines.
The bill declares:
A county, municipality, township, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, may not pass or enforce an ordinance that regulates, restricts, or prohibits a gas or liquid transmission line or an electric transmission line which requires or holds a permit under chapter 49-41B, including without limitation any requirement or restrictions as to routing, setback, construction, operation, maintenance, and zoning permits. Nothing herein restricts the ability of the commission to establish setbacks, or to require the compliance of above-ground structures with generally applicable zoning ordinances, building, and fire codes.
This Act preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation conflicting with or preempted by this chapter.
In other words, SB 201 would make it significantly easier for carbon-capture-pipeline companies to ram through their projects at the expense of landowners’ property rights, leaving local governments helpless to protect their residents.
Despite currently having the ability to use eminent domain, carbon-capture pipelines are entirely private and will not directly benefit the public. Furthermore, some of the companies that would profit from them are foreign-based and have troubled histories.
Additionally, the carbon-capture pipelines are closely connected to the UN’s Agenda 2030 “sustainable development” scheme to eliminate private property and totally reshape society in the name of fighting “climate change.” The pipelines also are associated with serious safety concerns, and have been shown to be a poor investment.
Contact your state representative and senator and urge them to strongly stand up for property rights — and against Agenda 2030 — by opposing SB 201.
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