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HJR5001 • 2026

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.

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.

Elections Taxes
Active

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

Sponsor
Gosch
Last action
2026-03-02
Official status
Do Pass Amended
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.

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.

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.

What This Bill Does

  • 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.
  • Official keyword topics: Ballot Measures Constitutional Amendments Eminent Domain House Joint Resolution Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4754/Detail">Gosch</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4755/Detail">Greenfield</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4758/Detail">Hansen</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4761/Detail">Heinemann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4775/Detail">Kayser</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4782/Detail">Lems</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4783/Detail">Manhart</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4786/Detail">May</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4795/Detail">Nolz</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4799/Detail">Overweg</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4811/Detail">Rice</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4818/Detail">Schwans</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4820/Detail">Sjaarda</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4822/Detail">Soye</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4780/Detail">Lapka</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4739/Detail">Blanc</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4756/Detail">Grove</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4763/Detail">Howard</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4802/Detail">Peterson (Sue)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4829/Detail">Voita</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.

HJR5001A

None

Filed

Plain English: HJR5001A 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 Introduced by: Representative Gosch Underscores indicate new language.

  • HJR5001A 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 Introduced by: Representative Gosch Underscores indicate new language.
  • Overstrikes indicate deleted language.
  • AMENDMENT HJR5001A FOR THE INTRODUCED RESOLUTION A JOINT RESOLUTION proposing and submitting to the voters at the next general 1 election an amendment to the Constitution of the State of South Dakota, 2 prohibiting the transfer of private property to a non -governmental entity for 3 the sole purpose of economic development or increased tax revenue.
  • 4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 5 Section 1.
HJR5001B

None

Filed

Plain English: HJR5001B 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 Introduced by: Representative Gosch Underscores indicate new language.

  • HJR5001B 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 Introduced by: Representative Gosch Underscores indicate new language.
  • Overstrikes indicate deleted language.
  • AMENDMENT HJR5001B FOR THE INTRODUCED RESOLUTION A JOINT RESOLUTION proposing and submitting to the voters at the next general 1 election an amendment to the Constitution of the State of South Dakota, 2 prohibiting the transfer of private property to a non -governmental entity for 3 the sole purpose of economic development or increased tax revenue and 4 requiring a declaration of necessity.
  • 5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 6 Section 1.
HJR5001C

None

Filed

Plain English: HJR5001C 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 Introduced by: Representative Gosch Underscores indicate new language.

  • HJR5001C 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 Introduced by: Representative Gosch Underscores indicate new language.
  • Overstrikes indicate deleted language.
  • AMENDMENT HJR5001C FOR THE HOUSE STATE AFFAIRS ENGROSSED RESOLUTION A JOINT RESOLUTION proposing and submitting to the voters at the next general 1 election an amendment to the Constitution of the State of South Dakota, 2 prohibiting the transfer of private property to a non -governmental entity for 3 the purpose of economic development or increased tax revenue and requiring 4 a declaration of necessity.
  • 5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 6 Section 1.
HJR5001E

None

Filed

Plain English: HJR5001E 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 Introduced by: Representative Gosch Underscores indicate new language.

  • HJR5001E 101st Legislative Session HJR5001 2026 South Dakota Legislature House Joint Resolution 5001 Introduced by: Representative Gosch Underscores indicate new language.
  • Overstrikes indicate deleted language.
  • AMENDMENT HJR5001E FOR THE HOUSE ENGROSSED RESOLUTION A JOINT RESOLUTION proposing and submitting to the voters at the next general 1 election an amendment to the Constitution of the State of South Dakota, 2 prohibiting the transfer of private property to a non -governmental entity for 3 the purpose of economic development or increased tax revenue and requiring 4 a declaration of necessity and clarifying public use of private property taken 5 or damaged by eminent domain.
  • 6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 7 Section 1.

Bill History

  1. 2026-03-02 Senate

    Do Pass Amended

  2. 2026-02-25 Senate State Affairs

    Do Pass Amended

  3. 2026-02-25 Senate State Affairs

    Motion to amend

  4. 2026-02-25 Senate State Affairs

    Scheduled for hearing

  5. 2026-01-28 Senate

    First read in Senate and referred to Senate State Affairs

  6. 2026-01-27 House of Representatives

    Do Pass Amended

  7. 2026-01-27 House of Representatives

    Motion to amend

  8. 2026-01-23 House State Affairs

    Do Pass Amended

  9. 2026-01-23 House State Affairs

    Motion to amend

  10. 2026-01-23 House State Affairs

    Motion to amend

  11. 2026-01-23 House State Affairs

    Scheduled for hearing

  12. 2026-01-14 House of Representatives

    First read in House and referred to House State Affairs

Official Summary Text

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.
Official keyword topics:
Ballot Measures
Constitutional Amendments
Eminent Domain
House Joint Resolution
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4754/Detail">Gosch</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4755/Detail">Greenfield</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4758/Detail">Hansen</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4761/Detail">Heinemann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4775/Detail">Kayser</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4782/Detail">Lems</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4783/Detail">Manhart</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4786/Detail">May</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4795/Detail">Nolz</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4799/Detail">Overweg</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4811/Detail">Rice</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4818/Detail">Schwans</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4820/Detail">Sjaarda</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4822/Detail">Soye</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4780/Detail">Lapka</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4739/Detail">Blanc</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4756/Detail">Grove</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4763/Detail">Howard</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4802/Detail">Peterson (Sue)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4829/Detail">Voita</a>

Current Bill Text

Read the full stored bill text 
26.442.26 101st Legislative Session HJR5001

2026 South Dakota Legislature
House Joint Resolution 5001
SENATE STATE AFFAIRS ENGROSSED

Introduced by: Representative Gosch

Underscores indicate new language.
Overstrikes indicate deleted language.
A JOINT RESOLUTION proposing and submitting to the voters at the next general 1
election an amendment to the Constitution of the State of South Dakota, 2
requiring a declaration of necessity and clarifying public use of private 3
property taken or damaged by eminent domain. 4
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 5
Section 1. That at the next general election held in the state, the following amendment to 6
Article VI of the Constitution of the State of South Dakota, as set forth in section 2 of this 7
Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for 8
approval. 9
Section 2. That Article VI, § 13 of the Constitution of the State of South Dakota, be 10
AMENDED: 11
§ 13. Private property shall may not be taken for public use, or damaged, without 12
a public declaration by the condemnor, establishing the necessity for taking or damaging 13
the property, and just compensation, which will be as determined according to legal 14
procedure established by the Legislature and according to § 6 of this article. No A benefit 15
which that may accrue to the owner as the result of an improvement made by any private 16
corporation shall may not be considered in fixing the compensation for property taken or 17
damaged. The fee of land taken for railroad tracks or other highways shall remain in such 18
owners remains in the owner, subject to the use for which it is taken. For purposes of this 19
section, public use does not include an increase in the tax base, tax revenues, 20
employment, or general economic health. 21