VIEWPOINT: In South Dakota, actions speak louder than words, and Noem didn't act

A guest column by South Dakota Farmers Union President Doug Sombke

South Dakota Farmers Union policy supports landowners’ rights. Because of this, during the 2023 Legislative Session SDFU supported HB-1133.

In a nutshell, House Bill 1133 did not define CO2 as a common carrier commodity. Unlike electricity, water or natural gas transported via pipelines, transporting high pressured CO2 only benefits two private investor groups in pursuit of federal tax incentives.

HB-1133 passed the House but died in the Senate. If HB-1133 had passed the Senate, CO2 would not qualify for eminent domain. And Summit Carbon Solutions would not be drilling on farm ground owned by Brown County landowners like Jared Bossly. And farmers like Jared Bossly could focus on growing crops, not fighting in court with Summit Carbon Solutions.

While Farmers Union and other agriculture and landowner rights group lobbied for HB-1133, Summit Carbon Solutions’ 12 lobbyists worked hard to influence senators against the bill. Summit Carbon Solutions also served as a platinum sponsor of Gov. Kristi Noem’s 2023 inauguration.

I share all this background with you because during a June 26 radio interview with KWAT radio, Gov. Noem said she had no legal control over the fact that Summit Carbon Solutions is exercising eminent domain. “There were several bills that came to the Legislature that would have addressed this, the Legislature killed them all. None of them made it to my desk.”

This is completely not true. The governor is the most powerful political position in our state wielding extreme influence when it comes to lobbying for bills during legislative session. Yet, never did she or anyone from her office support HB-1133 or any other bill making property rights stronger for landowners. 

Her bill specifically against Chinese investors, SB-185, which she goes on to throw legislators and ag groups under the bus over, has nothing to with eminent domain or the way Summit Carbon Solutions is using it to abuse family farmers and ranchers today. 

The governor clearly pivots, mentioning SB-185, which has absolutely nothing to do with eminent domain, to throw listeners off the fact she has done nothing to support family farmers and property rights. Moreover, she is doing everything she can for her platinum  sponsor of the 2023 inauguration ball, Summit Carbon Solutions.

As governor and a supporter of family farmers and their property rights she has the power to halt any surveying and test wells for any CO2 pipeline until after the South Dakota Public Utilities Commission finalizes its ruling of the pipeline in South Dakota. The least this governor should have done is use her influence with her party leadership to make sure HB-1133 would get to the floor of the senate for debate and a vote. Remember, South Dakota’s House and Senate, along with all statewide elected officials, are controlled by the same party, the governor’s party. Any lack of action protecting family farmers from eminent domain abuse is clearly on the governor and her party leadership.

She also has the power to call a special session to address eminent domain abuse to family farmers and county commissions who are calling for specific setback limitations protecting the public.

In South Dakota, your actions speak louder than your words. Gov. Noem has clearly spoken with her lack of action. 

Because our policy continues to support landowners’ rights, South Dakota Farmers Union is working to unite with other organizations to continue to support landowners’ rights as they fight against Summit Carbon Solutions in court.

Sombke has been president of the South Dakota Farmers Union since 2005.