A JOINT RESOLUTION proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a declaration of necessity and clarifying public use of private property taken or damaged by eminent domain.

Be it resolved by the Legislature of the State of South Dakota:

Section 1. That at the next general election held in the state, the following amendment to Article VI of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for approval.

Section 2. That Article VI, § 13 of the Constitution of the State of South Dakota, be AMENDED:

§ 13. Private property shall may not be taken for public use, or damaged, without a public declaration by the condemnor, establishing the necessity for taking or damaging the property, and just compensation, which will be as determined according to legal procedure established by the Legislature and according to § 6 of this article. No A benefit which that may accrue to the owner as the result of an improvement made by any private corporation shall may not be considered in fixing the compensation for property taken or damaged. The fee of land taken for railroad tracks or other highways shall remain in such owners remains in the owner, subject to the use for which it is taken. For purposes of this section, public use does not include an increase in the tax base, tax revenues, employment, or general economic health.