Senate Passes Bill Aligning Surveying Rules with State Supreme Court Ruling

On Feb. 4, 2026, the South Dakota Senate passed Senate Bill 88 to amend and clarify statutory provisions allowing a potential condemnor to survey private property. Sponsor Senator Lapke told the chamber the bill responds to a 2024 state Supreme Court decision that found parts of earlier law unconstitutional when they permitted invasive surveying (trenches, boring) without owner permission.

Lapke said the 2016 statute had been underused until 2022, then was applied more broadly, resulting in tense confrontations, law‑enforcement responses and roughly 300 families challenging the statute’s constitutionality in court. He said SB88 seeks to align current state code with the court’s guidance while preserving procedures for general inspection where constitutional standards require jury findings.

After brief remarks and floor questions, the Senate approved SB88 by roll call; the clerk reported 34 yeas with one excused and the president declared the bill passed.