South Dakota Easement and Right of Way (Pipeline)
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FAQ
An easement is a permanent right authorizin-g a person or party to use the land or property of another for a particular purpose. In this case, a utility acquires certain rights to build and maintain a transmission line.
Twelve states (Alabama, Georgia, Idaho, Indiana, Kentucky, Michigan, Ohio, South Dakota, Texas, Utah, West Virginia, Wisconsin) enacted legislation to prohibit the use of eminent domain for economic development.
But the Fifth Amendment places two strict limits on eminent domain. First, private property can be taken only for ?public use,? or public works projects, like roads and bridges. Second, even if a property is taken for a public use, the owner must be paid ?just compensation.?
Homestead laws are meant to protect a family residence. ingly, exempted property must cover the owner's home. There's also a size limitation of one acre inside an urban area and 160 acres in rural areas. Separate acreage limits exist for mineral lands.
Eminent domain is the right of governments like the United States to usurp private property for public use, following fair compensation. Everything from airspace, land, and contract rights to intellectual property is subject to eminent domain if a case can be made for its public use.
In South Dakota, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.