P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Bob Faehn, Chair.
MOTION:
TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 9, 2009
THE CHAIR DEFERRED HB 1288 UNTIL A LATER DATE
HB 1165: revise certain provisions relating to the exercise of eminent domain by
railroads.
E - Excused
A - Absent
P Boomgarden
P Engels
P Feinstein
P Gosch
P Hunhoff (Bernie)
P Lucas
P Lust
P Noem, Vice-Chair
P Rausch
P Rave
P Steele
P Turbiville
P Faehn, Chair
Moved by: Turbiville
Second by: Lucas
Action: Prevailed by voice vote.
Presented by: Representative Lance Russell
Proponents: Jeremiah M. Murphy, SD Stockgrowers
Silvia Christen, Dakota Rural Action
Opponents: Senator Tom Hansen
Dean Krogman, DM&E
Darin Bergquist, Department of Transportation
Brian Donahoe, DM&E
David Owen, SD Chamber of Commerce & Industry
Michael Held, SD Farm Bureau
Matt McCaulley, SD Corn Growers Association
Kathleen Zander, SD Grain and Feed Assn
Brenda Forman, SD Association of Cooperatives
Gary Johnson, AGE Corporation
MOTION:
AMEND HB 1165
49-16A-75.
A railroad may exercise the right of eminent domain in acquiring right-of-way as
provided by statute
, but only upon obtaining authority from the Governor or if directed by the
Governor, or the commission, based upon a determination by the Governor or the commission that
the railroad's exercise of the right of eminent domain would be for a public use consistent with
public necessity. The Governor or the commission shall consider the requirements of §§ 49-16A-
75.1 to 49-16A-75.3, inclusive, when granting or denying an application for authority to use eminent
domain. The decision to grant or deny an application shall be made after reasonable notice and
opportunity to be heard, pursuant to chapter 1-26. However, an impartial hearing examiner may be
appointed by the Governor or the commission to administer the proceedings or make
recommendations. Any parties who are united in interest or representation shall unite in the filing
of an affidavit for change of hearing examiner under the provisions of § 1-26D-10. The filing of such
affidavit by one party is deemed to be filed by all of the parties. No more than one change of hearing
examiner may be granted on request or affidavit made by or on behalf of the same party or parties
united in interest under the provisions of § 1-26D-10. However, the filing of an affidavit and the first
change of hearing examiner does not prevent any other party to the action or any party's attorney
from obtaining a change in hearing examiner upon a showing of an unacceptable risk of actual bias
or prejudice concerning a party. The Governor or the chair of the commission shall replace the
hearing examiner within five business days upon any recusal. A hearing shall be held and a decision
rendered on any application within ninety days following the receipt of a new application and upon
any application pending before the Governor or the commission on July 1, 2008.
Section 2. That
§
§
49-16A-75.1
to
49-16A-75.4
, inclusive, be repealed."
Eileen Eller