Any pipeline companies owning a pipeline which is a common carrier as defined by § 49-7-11 may exercise the right of eminent domain in acquiring right-of-way as prescribed by statute. However, in the case of school and public lands, no right-of-way for the purpose of carriage of property by pipeline shall exceed ten feet in width but the pipeline company shall have the right to secure such land as may be reasonably required for pumps, stations, substations, tanks, or buildings necessary for the carriage of the type or kinds of property the pipeline company intends its pipeline to carry.
S.D. Codified Laws § 49-7-13
Condemnation of pipeline right-of-way--Width across school and public lands
Applied in 1 court decision — leading case STROM TRUST v. SCS CARBON TRANSPORT, LLC (2024)
Most recently applied in STROM TRUST v. SCS CARBON TRANSPORT, LLC (August 2024)
Source: SL 1980, ch 321, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.