Under the category of all politics is local.
South Dakota Public Television’s South Dakota Focus program on Thursday night (March 27) featured some West River folks weighing in on the state’s controversial new eminent domain law passed by the 2008 Legislature and signed into law by Gov. Mike Rounds.
The new law is tied to the proposal by the Dakota, Minnesota & Eastern Railroad to build a rail line from coal fields in Wyoming across southwestern South Dakota and on to points east.
Margaret Nachtigall, executive director of the South Dakota Stockgrowers Association, and Edgemont area rancher Keith Andersen argued that SB174 tilts the state’s eminent domain laws in favor of private corporations at the expense of private landowners.
Andersen argued that SB174 forces the state to make a final decision on granting statewide eminent domain authority to railroads—a mandate found nowhere else in South Dakota law, according to a Stockgrowers news release.
“That’s because we want to do it right, not do it fast,†Andersen said on the program.
Andersen also said no other private entity has the “quick take†power that SB174 hands to railroads.
But S.D. Farm Bureau CEO Mike Held, representing proponents of SB174, argued that “quick take is only for the public sector.â€
Andersen read language of SB174, which says that even while a condemnation lawsuit is continuing, private property may be taken “upon posting by the railroad of a bond to be established by the court as soon as possible.†And, while the railroad must post a bond with the court, the landowner receives no compensation for the loss of the possession and use of his property, Andersen said.
During the discussion, Andersen described how DM&E’s proposed coal-hauling line will run right through the homes of two families he knows. He said SB 174 would grant the railroad the right to bulldoze those homes before the homeowners had received any compensation for the loss of their homes and property.
Held called eminent domain a “necessary evil†and admitted that “some of our members have mixed emotions about the issue.â€
You can see the program by going to this Web site: http://www.sdpb.org/Archives/ProgramDetail.asp?ProgID=7006The Farm Bureau and other ag groups say the problems presented by the DM&E projects will be vastly outweighed by the benefits it will bring to ag people and the state in general.
The Legislature and the governor agreed.
But although SB 174 has been signed into law, an opposition group, Protect Private Property, is gathering signatures in an attempt to refer it to a public vote.
The group’s new Web site is www.sdp3.org
What do you think, Blogmorites?
– Steve Miller