South Dakotans are passionate about land rights so it is understandable a Senate bill has people bristling. The bill - SB174 - addresses eminent domain and directly impacts a planned $6 billion Dakota, Minnesota & Eastern Railroad expansion.

The issue was thrust into the state spotlight with the passage of Senate Bill 174 by the 2008 Legislature and, more recently, a referendum to put the bill on the November ballot. The bill, according to proponents, cleans up old language and puts a structure in place for timely hearings on eminent domain proceedings. Opponents disagree. One group - Protect Private Property - argues the language of the bill gives corporations an edge over private property owners.

It's understandable this has come to a head. The proposed DM&E expansion would reconstruct 600 miles of existing track and add 280 miles of new track (141 miles of which are in South Dakota) to carry coal from the Powder River Basin across South Dakota - impacting several landowners.

Since statehood eminent domains has had its place in South Dakota and today that hasn't changed. There's a need in South Dakota to move products as quickly and efficiently as possible. And until there's an alternative energy source in place, there's a need to move coal to provide the fuel for the nation's growing energy needs. Rail lines play a major role in that and the industry's future plans should reflect the state's growing needs.

The bill establishes a time frame that, if all good faith efforts to negotiate fail, will be put into play. That's a necessary piece of the economic development puzzle for the state of South Dakota. For the overall good of commerce in South Dakota, the intent of SB 174 makes sense.

People impacted by the proposed expansion are right to be alert to the impact it could have on their land. We urge landowners to avoid the rhetoric and seek out the best information possible on the issue because now is the time to use available leverage to negotiate with DM&E.

The state Secretary of State's office has until June 30 to verify the signatures on the referral petitions. All told, nearly 17,000 are needed to refer the bill to a vote and 19,000 signatures were gathered.

There will be good stories and bad about negotiations with DM&E but finally there has to be a point of moving forward. Standing still simply isn't an option in South Dakota.