Eminent Domain for Private Gain

Show notes Rep. Marty Overweg (R-District 21) joins Dave Roetman in New Holland to talk about eminent domain for private gain. Overweg says South Dakota needs eminent domain, but with guardrails that make companies play fair with landowners up front. He points to Minnesota, Wyoming and North Dakota as states with stronger protections, says survey crews can get onto land in South Dakota without an official permit, and describes the Gregory County pumped storage plan that would have taken two multi-generation ranches for a reservoir. He also wants to stop for-profit companies from partnering with nonprofits to use eminent domain, and he expects many property rights bills in the next session. Recorded in summer 2023. Update (Oct. 2026): The Gregory County Pumped Storage Project was dropped in May 2023, before this conversation aired, when MidAmerican Energy and Missouri River Energy Services said they would not pursue it. In 2024, Overweg brought HB 1246 to require an appraisal, good-faith negotiation and land restoration before condemnation; House Commerce and Energy tabled it. The 2024 Legislature passed SB 201 on carbon pipeline rules, and voters repealed it in November 2024 as Referred Law 21, 59% to 41%. In March 2025, Gov. Larry Rhoden signed HB 1052, which bans eminent domain for carbon dioxide pipelines. A month later, the PUC denied Summit Carbon Solutions' second South Dakota permit application, finding its route was not viable. In May 2026, Summit described a new main route through Nebraska to Wyoming that leaves out South Dakota. Overweg is now the House assistant majority leader and is on the Nov. 3 ballot for District 21's House seats. (Sources are linked below.) Links Rep. Marty Overweg, South Dakota Legislature: https://sdlegislature.gov/Legislators/Profile/4799/Detail Mentioned in the episode Energy companies abandon proposed pumped storage project in Gregory County (Mitchell Republic, May 23, 2023): https://www.mitchellrepublic.com/news/south-dakota/energy-companies-abandon-proposed-pumped-storage-project-in-gregory-county Update sources 2024 HB 1246, pre-condemnation process (Overweg, prime sponsor): https://sdlegislature.gov/Session/Bill/24467 Referred Law 21 (2024), Ballotpedia: https://ballotpedia.org/South_Dakota_Referred_Law_21,_Regulation_of_Carbon_Dioxide_Pipelines_Referendum_(2024) 2025 HB 1052, prohibiting eminent domain for carbon oxide pipelines: https://sdlegislature.gov/Session/Bill/25581 South Dakota regulators deny carbon pipeline permit again (South Dakota Searchlight, April 22, 2025): https://southdakotasearchlight.com/2025/04/22/south-dakota-regulators-deny-carbon-pipeline-permit-again-summit-carbon-solutions-vows-reapply/ Summit describes new carbon pipeline route as not including South Dakota (South Dakota Searchlight, May 13, 2026): https://southdakotasearchlight.com/2026/05/13/summit-describes-new-carbon-pipeline-route-as-not-including-south-dakota/ Meet the Candidates: Marty Overweg (SDPB, Sept. 1, 2026): https://www.sdpb.org/2026-09-01/meet-the-candidates-marty-overweg Subscribe to Making Waves with Dave Roetman: https://daveroetman.substack.com/ This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit daveroetman.substack.com