Guest Column: South Dakota at a Crossroads on Critical Infrastructure by Mike Karbo, American Petroleum Institute
South Dakota at a Crossroads on Critical Infrastructure
by Mike Karbo, Midwest Region Director, American Petroleum Institute
South Dakota stands at a crossroads, one that will shape the state’s economic future. Lawmakers currently face a choice: they can either pursue policies supporting continued growth and energy security or adopt measures that could unintentionally halt critical infrastructure in its tracks.
A proposal moving through the capitol, HJR 5001, jeopardizes critical infrastructure growth. By imposing strict new limits on what qualifies as a “public use, purpose or utility,” the resolution could block essential infrastructure projects, including pipelines that safely move energy from nearby production to refineries and ultimately, to consumers. Such restrictions could threaten jobs, reduce investment, and undermine the United States’ energy dominance agenda.
The existing constitutional language already in place maintains the right balance. The proposed change within HJR 5001 is an attempt to fix a problem that isn’t there.
The American Petroleum Institute (API) has long supported respectful, two-way engagement between landowners and pipeline operators rooted in transparency, reciprocity, and accessibility. Eminent domain is used as a last resort, only when voluntary agreements cannot be reached. It remains a critical tool used to help build the infrastructure Americans rely on every day to fuel vehicles, support agriculture, and heat homes. Highways, dams, airports, railroads, telephone networks, and electric transmission lines all exist because policymakers recognized that responsible infrastructure development serves the public good.
South Dakota’s long-term prosperity depends on policies that protect individual property rights while still enabling the construction of infrastructure vital to energy reliability, economic growth, and public safety. Before adopting a blanket constitutional change, lawmakers should consider the broader consequences, especially the risk of deterring future investment in critical infrastructure.
It’s time for a balanced, thoughtful approach that keeps energy reliable and affordable for all South Dakotans.






