South Dakota Protect Private Property Referendum (2008)

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The Protect Private Property Referendum was an effort in South Dakota to overturn Senate Bill 174 through the veto referendum process. SB 174 was enacted in the 2008 legislative session.[1][2]

"Protect Private Property" was the group that supported the petition drive to put the measure on the ballot. To succeed, they needed 16,776 signatures within 90 days of when the state legislature adjourned on March 17. The group believed that SB 174 was deficient in these ways:[3]

  • State government would have had to make a final decision on an application for statewide eminent-domain authority within 90 days – no matter how complex the case and regardless of whether landowner due process rights were considered or protected.
  • An unlimited number of landowners across the entire state would have had no more power to disqualify a hearing officer than a single corporation.
  • South Dakota circuit courts would have been prohibited from addressing in condemnation court cases any issue decided during the State’s administrative proceeding.
  • Companies looking for land could have seized landowners’ property even before completion of the administrative process.


This initiative failed to make the ballot.


Those that supported the effort included Paulene Staben, Jeremiah M. Murphy, and Karen Cardenas.

See also

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