South Dakota Codified Laws
Chapter 35 - Condemnation Under Power Of Eminent Domain
Section 21-35-31 - Entry on private property for examination and survey of project requiring siting permit from Public Utilities Commission.

21-35-31. Entry on private property for examination and survey of project requiring siting permit from Public Utilities Commission.
The provisions of this section only apply to a project which requires a siting permit pursuant to chapter 49-41B. Each person vested with authority to take private property for public use may cause an examination and survey to be made as necessary for its proposed facilities. The person or the person's agents and officers may enter the private property for the purpose of the examination and survey. Any person seeking to cause an examination or survey, where permission for examination or survey has been denied, shall:
(1)Have filed a siting permit application with the Public Utilities Commission pursuant to §49-41B-11;
(2)Give thirty days written notice, including the filing and expected dates of entry, to the owner and any tenant in possession of the private property; and
(3)Make a payment to the owner, or provide sufficient security for the payment, for any actual damage done to the property by the entry.
This section does not apply to the state or its political subdivisions. This section is in addition to and not in derogation of other existing law.

Source: SL 2016, ch 118, §1.

Structure South Dakota Codified Laws