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CALL TO ACTION: Senate State Affairs to Take Up HB 1140 on Monday.
February 26, 2016 – By #South Dakota Farmer Union
Attention Farmers Union Members: House Bill 1140 will be heard in Senate State Affairs on Monday, February 29th. This bill threatens local control by attempting to streamline the planning and zoning process for conditional use permits.
We encourage all members interested in protecting local control and landowner rights to attend this committee meeting and let your voice be heard. Below you will find talking points for HB 1140.
What the bill says: An appeal to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the county affected by any decision of the administrative officer, that is not a ministerial act or other preliminary act to bring an application or matter before the board for hearing and a final decision.
What this means: Landowners now are limited in what they are allowed to appeal. For example, if the time and date of a planning and zoning meeting is incorrectly posted, a landowner would not be able to appeal under the language in HB 1140.
What the bill says: All appeals relating to a particular action or property shall be consolidated and heard on an expedited basis.
What this means: Landowners would lose the opportunity to have their appeal heard individually. This means that if ten different people have ten different reasons to appeal, they will all be heard in one singular appeal.
What the bill says: An appeal to the circuit court may only commence upon filing a bond in the amount of two hundred fifty dollars with one or more sureties to be approved by the county auditor, on condition that the appellant shall prosecute the appeal without delay and pay all costs the appellant may be adjudged to pay in the circuit court.
What this means: Landowners who wish to appeal now have to “pay to play,” meaning that that must pay a bond of $250 in order to appeal. Though the amount may seem insignificant, the fact is people should not have to pay in order to voice their concerns on permits that might negatively impact them and their community.
If you are interested in protecting local control and landowner rights then please attend the Senate State Affairs meeting on Monday, February 29th at 10:00 am. If you have any other questions or comments contact Matt Sibley at 605-350-8410 or at [email protected]
Last Modified: 02/26/2016 2:41:58 pm MST