HB1295 • 2026

revise provisions for the acquisition of highway easements and rights of way.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Hunt
Last action: 2026-02-18
Official status: Scheduled for hearing
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

revise provisions for the acquisition of highway easements and rights of way.

What This Bill Does

revise provisions for the acquisition of highway easements and rights of way.
Official keyword topics: Administrative Procedure Easements Eminent Domain Highways and Bridges Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4766/Detail">Hunt</a> (prime) and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4767/Detail">Ismay</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4784/Detail">Marty</a> and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

1295A

None

Filed

Plain English: 1295A 101st Legislative Session 1295 2026 South Dakota Legislature House Bill 1295 Introduced by: Representative Hunt Underscores indicate new language.

1295A 101st Legislative Session 1295 2026 South Dakota Legislature House Bill 1295 Introduced by: Representative Hunt Underscores indicate new language.
Overstrikes indicate deleted language.
AMENDMENT 1295A FOR THE INTRODUCED BILL An Act to revise provisions for the acquisition of highway easements and rights of 1 way by gift or purchase.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1.

Bill History

2026-02-18 House Judiciary
Deferred to the 41st legislative day
2026-02-18 House Judiciary
Motion to amend
2026-02-18 House Judiciary
Scheduled for hearing
2026-02-09 House of Representatives
Referred to House Judiciary
2026-02-04 House of Representatives
First Reading House

Official Summary Text

revise provisions for the acquisition of highway easements and rights of way.
Official keyword topics:
Administrative Procedure
Easements
Eminent Domain
Highways and Bridges
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4766/Detail">Hunt</a> (prime) and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4767/Detail">Ismay</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4784/Detail">Marty</a> and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>

Current Bill Text

Read the full stored bill text

26.710.35 101st Legislative Session 1295

2026 South Dakota Legislature
House Bill 1295

Introduced by: Representative Hunt

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise provisions for the acquisition of highway easements and rights of 1
way. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 31-19-1 be AMENDED: 4
31-19-1. The land or material for a right-of-way and borrow pit may be acquired 5
for the state by the Department of Transportation, either by gift, purchase, or 6
condemnation. If said the land or material is to be acquired by condemnation , the 7
proceedings shall must be as provided by § 31-19-3. 8
Section 2. That a NEW SECTION be added to chapter 31-19: 9
The land or material for a borrow pit may be acquired for the state by the 10
Department of Transportation, either by gift, purchase, or condemnation. If the land or 11
material is acquired by condemnation, the proceedings must be as provided by § 31-19-12
3. 13
Section 3. That a NEW SECTION be added to chapter 31-19: 14
If the Department of Transportation is to acquire an easement or right of way for 15
a borrow pit, the department must file a notice with the landowner and the register of 16
deeds for the county in which the easement or right of way is located. The notice must 17
state the purpose for the easement or right of way and state that just compensation must 18
be paid to the landowner, as negotiated. 19
The notice must include the department's plans for the easement or right of way, 20
and a detailed description of the property through, or over which, the proposed 21
improvement is to be constructed. 22
All persons having an interest in, or a lien upon the property must be provided with 23
a copy of the notice, insofar as those persons may be known at the time of the filing. 24
26.710.35 2 1295
Underscores indicate new language.
Overstrikes indicate deleted language.
Upon agreement between a landowner and the department for the purchase of the 1
easement and finalization of the sale, the county register of deeds shall record the 2
easement or right of way. If negotiations fail, the requirements for condemnation, as set 3
forth in §§ 31-19-2 to 31-19-19, inclusive, apply. 4