South Dakota House of Representatives. KELO.com News file photo by Todd Epp.
PIERRE, SD (KELO.com) — South Dakota Legislators and state government leaders are busy measuring the accomplishments of the 2025 legislative session. For some, the biggest achievement is stripping eminent domain powers from Carbon Capture pipeline companies…a battle that has raged in the legislature for nearly four years. Pipeline opponent Ed Fischbach is savoring the victory. He says Summit Carbon Solutions – the company that wants to build a CO2 line through South Dakota – has been overly aggressive in its pursuit of easements from private landowners. The company has claimed to have high rates of voluntary easements signed by landowners, yet pipeline opponents are critical of the company’s actions to file condemnation proceedings against over 160 landowners who refused to sign easements.
The grassroots organization of pipeline opponents is enjoying a string of victories ranging from the state Supreme Court, to an election referendum, and the legislature. Still, there are concerns about what comes next from the company that wants to build a CO2 pipeline through South Dakota. Fischbach may have stumbled upon what pipeline proponents are working on to revive their plans. Fischbach just returned from a trip to Washington, D-C where he was part of a group lobbying Congress on the CO2 pipeline battle. While he was there, he bumped into leaders from Summit Carbon Solutions – the company that wants to build a CO2 line through South Dakota – and leaders in the ethanol industry. While he doesn’t know what the pro-pipeline leaders discussed with political leaders, he’s certain they were trying to persuade national political figures to favor the carbon pipelines.
At the same time, the pipeline debate is at the heart of a major shift in South Dakota politics. Property rights activist Jim Eschenbaum was elected as Chair of the state Republican Party Central Committee last month. He led the successful effort to defeat Referred Law 21 in the November election. RL-21 was rejected in the election, thereby scuttling a law passed by the 2024 South Dakota legislature that critics said paved the way for Summit Carbon Solutions to build the proposed CO2 line through South Dakota – with eminent domain power intact. The defeat of plans to build a new men’s Penitentiary in Lincoln County was also related to the property rights of landowners surrounding the proposed prison site between Harrisburg and Canton. Observers say the shift toward populist leaders like Eschenbaum is a major shakeup to the powerful South Dakota Republican Party. Leaders of the traditional party structure say the change could have a negative impact on economic development and the fundraising and candidate recruitment efforts of the Republican party.
Others swept to power in the aftermath of the pipeline and prison battles include legislative leaders. Members of the South Dakota House elected Representative Jon Hansen of Dell Rapids as House Speaker. He shepherded the eminent domain and prison related bills through the House, and counts the outcomes on those issues as major victories. He released a “Top-Ten” list of legislative victories Monday morning. Eminent domain and defeating the prison plan were at the top of the list.
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