S.D. Codified Laws § 43-13A-2

Current through the 2024 Legislative Session

Section 43-13A-2 - Landowner rights

Any landowner granting a carbon pipeline easement has the following rights:

(1) Each pipeline placed in a carbon pipeline easement must meet the minimum depth requirement in § 49-41B-41;

(2) The entity holding rights in the carbon pipeline easement must repair any damage to drain tile as set forth in § 49-41B-42;

(3) An operator of a pipeline facility carrying carbon dioxide is liable to a landowner for any leaks or repairs as provided in § 49-41B-42;

(4) An operator of a pipeline facility carrying carbon dioxide must indemnify the owner as provided in § 49-41B-43;

(5) Any applicant desiring to obtain a permit to operate a pipeline facility carrying carbon dioxide must file the plan as provided in § 49-41B-44;

(6) Any applicant desiring to obtain a permit to operate a pipeline facility carrying carbon dioxide must file a disclosure of the dispersion analysis as provided in § 49-41B-45;

(7) Any applicant desiring to obtain a permit to operate a carbon dioxide pipeline facility must engage a landowner as required by § 49-41B-46;

(8) Each carbon pipeline easement agreement must include a statement disclosing the information in § 43-13-27;

(9) If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the carbon pipeline easement, the mortgage or encumbrance is enforceable only as permitted in § 43-13-27;

(10) A carbon pipeline easement is not enforceable after the period of time set forth in § 43-13-27;

(11) An operator of a pipeline facility holding the right in the carbon pipeline easement must initiate business operations within the time period set forth in § 43-13-27;

(12) A carbon pipeline easement expires after the passing of a period of nonuse as set forth in § 43-13-27;

(13) A carbon pipeline easement must be in writing as required by § 43-13-27;

(14) A landowner granting a carbon pipeline easement has the examination and survey protection rights as set forth in § 21-35-31; and

(15) To receive the one-time payment as provided in § 21-35-31.

SDCL 43-13A-2

SL 2024, ch 189, §15 (subject to 2024 referendum).

Added by S.L. 2024, ch. 189,s. 15, eff. 7/1/2024.