81^st Legislative Session _ 2006

Committee: House State Affairs

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Deadrick
P    Frost
P    Garnos
P    Gillespie
P    Haley
E    Hargens
P    Kraus
P    Michels
P    Miles
P    O'Brien
P    Rave
E    Dykstra, Vice-Chair
P    Rhoden, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Larry Rhoden

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 3, 2006

Moved by:    Michels
Second by:    Rave
Action:    Prevailed by voice vote.

         SB 101: establish the Public Utilities Commission as a separate agency.

Presented by:    Senator Jerry Apa
Proponents:    Bob Sahr, Public Utilities Commission

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MOTION:     DO PASS SB 101

Moved by:    Michels
Second by:    Rave
Action:    Prevailed by roll call vote.(10-0-3-0)

Voting Yes:    Deadrick, Frost, Garnos, Haley, Kraus, Michels, Miles, O'Brien, Rave, Rhoden

Excused:    Gillespie, Hargens, Dykstra

         SB 78: revise certain provisions relating to the submission of direct legislation to a vote of the people at a general election.

Presented by:    Representative Matthew Michels
Proponents:    Larry Long, Attorney General
        Tom Barnett, State Bar Association

Chad Heinrich, Deputy Secretary of State, answered questions from committee members.

MOTION:     DO PASS SB 78

Moved by:    Michels
Second by:    Rave
Action:    Prevailed by roll call vote.(9-2-2-0)

Voting Yes:    Frost, Garnos, Gillespie, Kraus, Michels, Miles, O'Brien, Rave, Rhoden

Voting No:    Deadrick, Haley

Excused:    Hargens, Dykstra

         HB 1201: establish certain requirements regarding the acquisition of real property by eminent domain.

Presented by:    Representative Margaret Gillespie
Proponents:    Yvonne Taylor, SD Municipal League
Opponents:    David Blair, East River Electric Power Cooperative, Inc.
                 Darla Pollman-Rogers, SD Rural Electric Assn. and SD Association of Telephone     Coops
        Greg Dean, SD Telecommunications Assn.

MOTION:     AMEND HB 1201

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1201oa

     On the printed bill, delete everything after the enacting clause and insert:

"

     Section 1. Any entity seeking to acquire title or encumber any real property pursuant to a condemnation action under power of eminent domain shall, within ninety days of the initial meeting with the owner of each such parcel of real property, provide the landowner with the following statement in printed form:

SUMMARY OF THE RIGHTS OF LANDOWNERS IN CONDEMNATION PROCEEDINGS:

             (1)    The right to negotiate with the person seeking to acquire or encumber property prior to the initiation of condemnation proceedings.

             (2)    The right to ask for a written statement and summary showing the basis of the original offer by the entity seeking to acquire or encumber property.

             (3)    The right to have a court determine whether the proposed use of the property being taken is a legitimate public use which entitles the entity seeking to acquire title or encumber real property to use its power of eminent domain.

             (4)    The right to have a court determine whether the exercise of the right of eminent domain does the least possible injury to private property, consistent with sound engineering principles and economic feasibility.

             (5)    The right to have a jury determine just compensation the property owner should receive because of the condemnation.

             (6)    The right to appeal a condemnation decision pursuant to applicable law.

             (7)    The right to retain legal counsel to represent the landowner at any stage of the negotiations or condemnation proceedings.

             (8)    The right to ask the court for reimbursement of reasonable attorney's fees and expert witness fees for up to two expert witnesses when the amount awarded by the jury exceeds the condemnor's final offer prior to commencement of trial by at least twenty percent and the total amount of compensation awarded by the jury exceeds seven hundred dollars.

             (9)    Except for the statement required herein, nothing herein shall be construed to grant any additional rights or remedies to any party in an eminent domain action."

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Moved by:    Gillespie
Second by:    Miles
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1201 AS AMENDED

Moved by:    Gillespie
Second by:    Miles
Action:    Withdrawn.

MOTION:     AMEND HB 1201

1201ob

     In the previously adopted amendment (1201oa), in Section 1, delete ", within ninety days of the initial meeting with the owner of each such parcel of real property," and insert ", ninety days before bringing any condemnation action,".

Moved by:    Gillespie
Second by:    Miles
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1201 AS AMENDED

Moved by:    Gillespie
Second by:    Miles
Action:    Failed by roll call vote.(4-7-2-0)

Voting Yes:    Gillespie, Michels, Miles, Rhoden

Voting No:    Deadrick, Frost, Garnos, Haley, Kraus, O'Brien, Rave

Excused:    Hargens, Dykstra

MOTION:     DEFER HB 1201 AS AMENDED UNTIL WEDNESDAY, FEBRUARY 8, 2006

Moved by:    Michels
Second by:    Rave
Action:    Prevailed by voice vote.

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MOTION:     ADJOURN

Moved by:    Haley
Second by:    Miles
Action:    Prevailed by voice vote.

Clara Shelbourn

Committee Secretary

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