2019 House Bill 1090 - House Commerce and Energy

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

832B0222   HOUSE COMMERCE AND ENERGY ENGROSSED    NO.  HB 1090 -  2/22/2019  
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
Introduced by:    Representatives Johnson (David), Chase, Finck, Glanzer, McCleerey, and Smith (Jamie) and Senators Rusch, Heinert, Nesiba, Smith (VJ), and Steinhauer
 

        FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the exercise of certain powers over certain property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 50-7-2.2 be repealed.
    50-7-2.2. This state or any governmental agency of this state having any powers with respect to planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, or protecting airports or aviation facilities within this state, may exercise those powers within any state or jurisdiction adjoining this state, subject to the laws of that state or jurisdiction.
    Section 2. That § 50-7-2.3 be repealed.
    50-7-2.3. Any state adjoining this state or any governmental agency thereof may plan, establish, acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and airport facilities within this state, subject to the laws of this state applicable

to airports and airport facilities. The adjoining state or governmental agency shall have the power of eminent domain in this state, which shall be exercised in the manner provided by the laws of this state governing condemnation proceedings. The power of eminent domain may not be exercised unless the adjoining state authorizes the exercise of that power therein by this state or any governmental agency thereof having any of the powers mentioned in this section and § 50-7-2.2.
    Section 3. That § 50-7-2.4 be repealed.
    50-7-2.4. The powers granted in §§ 50-7-2.2 and 50-7-2.3 may be exercised jointly by two or more states or governmental agencies, including this state and its governmental agencies, in such combination as may be agreed upon by them.

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