Farmers Union Supports Brown County Commission’s Eminent Domain Reform Request

South Dakota Farmers Union Board of Directors and State Policy Committee supports the Board of Brown County Commissioners resolution asking the Governor and Lt. Governor to revise South Dakota law to eliminate the taking of private property for non-public use.

“As Summit Carbon Solutions, a private corporation actively ignores landowners’ property rights, the Board of Brown County Commission is taking a bold step to protect Brown County landowners,” said Doug Sombke, President of South Dakota Farmers Union and a fourth-generation Brown County farmer. “I hope the Governor listens to their plea and uses her executive power to protect our state’s landowners.”

Landowner rights are supported by South Dakota Farmers Union policy and were the topic of two Special Orders brought forward today, July 20, during the organization’s annual Policy Meeting. During the Policy Meeting, the Board of Directors and State Policy Committee also voted to support the Brown County Resolution.

“We encourage County Commissions throughout the state to join Brown County and create similar resolutions,” Sombke said.

INSERT RESOLUTION:

Resolution #27-23

A Resolution in Support of Eminent Domain Reform

WHEREAS, the Fifth Amendment to the United States Constitution states that “Nor shall private property be taken for public use, without just compensation.” U.S. Const. Amend. V. (emphasis added).

WHEREAS, the South Dakota State Constitution provides that “Private property shall not be taken for public use, or damaged, without just compensation {,}” SD CONST Art. 6 § 13 (emphasis added).

WHEREAS, the omission of “private use” from these laws implies a complete prohibition on taking of private property for non-public purpose.

WHEREAS, On July 6, 2023 hundreds of citizens held a rally in Pierre in support of revisions to South Dakota eminent domain law, culminating with approximately 2,000 signatures in support of eminent domain reform.

WHEREAS. The Brown County Board of Commissioners is in support of the Constitutional rights of property owners.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Brown County Commissioners is in support of the Governor and Legislature revising South Dakota law to eliminate the taking of private property for non-public use.

Dated at Aberdeen, South Dakota, this __ day ___, 2023.