Court ruling complicates carbon pipeline company’s push for land

The South Dakota Supreme Court ruled that Summit Carbon Solutions has not proven its right to take private land for its carbon-capture pipeline project. The company plans to appeal, claiming it qualifies as a common carrier. Landowners and lawmakers see the ruling as a victory, anticipating further legal battles over the project’s impact. Continue reading Court ruling complicates carbon pipeline company’s push for land

Regents change political activity policy to allow employees to run for Legislature

The South Dakota Board of Regents, in a meeting, changed its policy to allow public university employees to run for state legislative office, following a state Supreme Court decision on the matter. This change brings more diverse perspectives to the legislative process, allowing voters to address any potential conflicts of interest. The decision is seen as a victory for citizen representation in the state’s legislature, providing clarity and closure for those affected. Continue reading Regents change political activity policy to allow employees to run for Legislature

State Supreme Court considers whether local boards have to explain their decisions

When Turner County commissioners refused to allow a developer to rezone land from ag to lakefront residential in the summer of 2022, they did so without saying why.

There was no recording of the meetings at which two separate votes took place, and commissioners later told the developer they needn’t say why.

When Circuit Judge David Knoff overturned that decision the following year, he also did so without considering the why.

Instead, he ruled, the commission was wrong because it shouldn’t have been debating the question anyway. The land is on a lake, Knoff said, so under his reading of county zoning rules, the commission didn’t have the discretion to say no – an argument the developer hadn’t made in open court or legal briefs.

That sequence of events led the justices to grapple on Tuesday with this question: Is a county zoning board – or any local board that makes a call someone might not like – required to explain itself? Continue reading State Supreme Court considers whether local boards have to explain their decisions