HJR5001

Passed Origin

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a declaration of necessity and clarifying public use of private property taken or damaged by eminent domain.

House Joint ResolutionMark Lapka(R)Spencer Gosch(R)Introduced Jan 14, 2026Last action Feb 25, 2026

This proposed constitutional amendment would prevent the government from using eminent domain (its power to take private property) to transfer land to private companies for economic development or tax revenue purposes—a practice known as "economic development takings." The amendment would require that any property taken through eminent domain serve a genuine public use, purpose, or utility, not just private business interests.

AI-generated summary

Changes to Existing Law

This bill does not directly amend codified state law.

History (11)

Feb 25, 2026S
State Affairs Do Pass Amended Passed, YEAS 5, NAYS 3. S.J. 34
Feb 25, 2026S
State Affairs Motion to amend S.J. 33
Feb 25, 2026S
State Affairs Scheduled for hearing
Jan 28, 2026S
First read in Senate and referred to Senate State Affairs S.J. 131
Jan 27, 2026H
House of Representatives Do Pass Amended Passed, YEAS 62, NAYS 5. H.J. 154
Jan 27, 2026H
House of Representatives Motion to amend Passed, YEAS 35, NAYS 32. H.J. 153
Jan 23, 2026H
State Affairs Do Pass Amended Passed, YEAS 10, NAYS 3. H.J. 1
Jan 23, 2026H
State Affairs Motion to amend H.J. 1
Jan 23, 2026H
State Affairs Motion to amend H.J. 1
Jan 23, 2026H
State Affairs Scheduled for hearing
Jan 14, 2026H
First read in House and referred to House State Affairs H.J. 24