A landowner's group opposed to a revised eminent domain law for railroads that was passed by the 2008 Legislature submitted referral petitions Monday containing more than 19,000 signatures to the South Dakota Secretary of State's office.

The Protect Private Property group delivered the petitions to Pierre, just in time to meet Monday's filing deadline to refer SB174 to the November election. The ballot-issue committee needs 16,778 valid signatures to put the law to a vote of the people. Lobbyist Jeremiah M. Murphy of Rapid City thought they had sufficient signatures, even assuming a 5 percent error rate.

"I'm confident we're over the 16,776 that's needed," he said. If confirmed by the secretary of state, the petitions and resulting referendum will prevent SB174, titled: "an act to revise certain provisions relating to the exercise of eminent domain by railroads" from becoming law on July 1.

The Dakota, Minnesota & Eastern Railroad wants to build a new rail line to carry coal from the Powder River Basin in Wyoming across South Dakota. The project has faced long delays and financial uncertainties. DM&E asked the 2008 state Legislature to address some of those delays caused by eminent domain law.

Some West River landowners say the changes to eminent domain brought about by SB174 are an assault on private property rights and favor DM&E's profits over a landowner's ability to negotiate with a corporation.

Tom Krafka, a Rapid City physician, owns a parcel of property along the Cheyenne River that would be cut in half by the proposed rail line. About a mile of it would be affected by the new railroad's right-of-way. After dealing with DM&E on a promised buyout offer that never materialized, Krafka grew disenchanted with the company and helped gather signatures for the petition drive. He's pleased to see SB174 put to a statewide vote.

"I'm very happy. I think that the people will get the right to vote on a very ill-conceived law, a law that did much more than it was ever advertised to do," Krafka said.

Protect Private Property lists four main complaints against SB174:

1. Companies looking for land could seize private property even before completion of the administrative process - before property owners receive a penny of compensation.

2. State government would have 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 landowner due process rights.

3. An unlimited number of landowners across the entire state would have no more power to disqualify a hearing officer than a single corporation.

4. South Dakota circuit courts would be prohibited from addressing in condemnation court cases any issue decided during the state's administrative proceeding.

"Thousands and thousands of South Dakotas from every corner of our state agree - SB174 needs to go to a vote of the people," said Paulene Staben, a rancher and one of the referral sponsors.

Contact Mary Garrigan at 394-8409 or mary.garrigan@rapidcityjournal.com