Senate Bill 49 is getting attention in the news this week as it’s another half-baked bag of goofy from our out of state transplant Senator John “California” Carley. SB49 attempts to go after CO2 sequestration pipelines, but in the final section of the bill, it goes farther and also attacks wind and solar power production. As noted on KELOland News:
Why are wind farms and solar farms also covered by your proposed ban?
“I personally use and enjoy some of the benefits of renewables like wind and solar,” Carley said. “However, it’s only there in the case of the exercise of eminent domain when a landowner does not want parts of those projects to go through their land, even after being offered a payment. If the landowner is willing to lease their land, they certainly can. These are just current and future Green New Deal ideas that have been raised, and so instead of having to fight to keep land after the fact, we would like to fix the loophole before it becomes an issue.”
If you want to read that section of the bill for yourself..
Section 5. That a NEW SECTION be added to chapter 49-41B:
Notwithstanding any other provision of law, a person may not exercise the right of eminent domain to construct a solar energy facility, wind energy facility, or any facility that qualifies for a tax credit pursuant to 26 U.S.C. § 45 (August 16, 2022) or 26 U.S.C. § 48 (January 1, 2023).
The problem with Carley’s proposal? As I understand, in the last section Carley is purporting to take away eminent domain rights THAT WIND AND SOLAR DON’T HAVE NOW.
For God’s sake don’t tell Carley that snipe hunting or sleeping cows that tip over can infringe on a landowner’s rights. Because I’m sure that will be the next bill he tries to bring.
These troglodytes are more ideologically aligned with the Taliban than the average American. Anti-Vax, anti-growth, anti-science, anti-libraries, anti-reason, anti-public education, anti-Small Government.
I do not understand the misinformation that circulates about wind and solar. Renewables energy projects have never had eminent domain rights in South Dakota, not (to my knowledge) is the industry pushing for such measures. If our state is going to keep up with the demands of emerging industries, we have to provide the power resources they require. Wind and solar are the cheapest way to generate new energy, and they bring tremendous benefits for landowners. Why are legislators like Carley making that industry an enemy? I don’t get it…
From his comment, he is not anti-solar or anti-wind. He is a pro-landowner. Does it hurt to have it spelled out in writing and in SD law that no one can take your farmland to put up solar farms and wind farms? No one should be allowed eminent domain on anyone’s land/farmland no matter what amount of money they are offered. Nor should they be forced to put dangerous gas under their land. Black and White: What is mine is mine, I paid for it. What is mine is NOT yours to use.
Does this “what’s mine is mine” extend to land owned by foreign entities? The Church of Latter-day Saints? A Bill Gates private equity firm? Should the state have powers to restrict and/or take possession of land owned by those entities or is that an infringement on them as landowners?
Oh boy, someone hasn’t read Kelo v. New London and it shows.
Wind and solar can’t even use eminent domain. Nor have they ever tried. This is a solution to a problem that doesn’t exist. And if “what is mine is not yours to use,” is true. Then what’s mine is also not yours to control. Because there are a whole bunch of landowners who would love these projects on their property but can’t because of setback ordinances and crabby neighbors. So you don’t want anyone to have control of your property all while pushing ordinances that control your neighbors property. The hypocrisy is glaring.
What about the land owners that would like to use their land but can’t because of unreasonable county ordinance?
I believe in small government that includes county governments that are trying to control everything.
I know I keep beating this very dead horse, but come on…..as a new legislator it is no time to be throwing out less than half-baked stupid bills that have no chance of passing. These “fake” conservatives should focus on learning the legislative processes, which in turn, will help them become legitimate members. In the meantime, stop with the moral/social engineering and stick with the issues South Dakotans truly are concerned with – like high property taxes, public safety and ensuring our kids get a great public education.
I agree, but the moral/social engineering is the foundation that they ran on and were elected because of. We didn’t elect people that wanted to be actual legislators. We elected extremists, activists and ideologues. They are just doing exactly what we should have expected.