Takeaways

• Governor Rhoden signed HB 1052 and gave a direct, unambiguous answer when asked if he would uphold it against any attempt to amend or repeal it in the upcoming legislative session: yes.
• Rhoden does not support special tax exemptions or deals for data centers, but he did sign the Data Center Bill of Rights for Citizens carried by Senator Carr and Speaker Hansen, which requires data centers to prove they won't negatively impact South Dakota's water supply or electricity rates.
• Rhoden points to a decades-long record on property rights, including leading the charge after the 2005 Kelo v. New London Supreme Court decision, carrying the Open Fields Doctrine bill, and resolving the non-meandered bodies of water issue after 20 years of legal limbo.

In Part 2 of American Land and Legacy's exclusive gubernatorial candidate interview series, Amanda Radke sits down with South Dakota Governor Larry Rhoden ahead of the July 28th runoff election.

With the same questions put to both candidates, this conversation gives landowners a direct side-by-side look at where each man stands on the property rights issues that matter most to South Dakota's farmers, ranchers, and rural communities.

Rhoden speaks to his record as a lifelong West River rancher and his history of working on property rights legislation going back two decades, including model legislation he carried in the wake of the Kelo v. New London decision, the Open Fields Doctrine bill he got across the finish line as lieutenant governor, and the resolution of the non-meandered bodies of water issue that had been in limbo for 20 years.

On the most pressing current questions, Rhoden is direct: he signed HB 1052, he wouldn't hesitate to do it again, and he will veto any attempt to weaken or repeal it. He does not support special tax exemptions for data centers, though he's open to using existing incentive structures if facilities comply with the rules laid out in the Data Center Bill of Rights he signed. And on the question of federal pressure to expand eminent domain for energy infrastructure, he expresses confidence in the working relationship his administration has built with the Trump team while maintaining that South Dakota's own statutes already offer stronger protections than any other state in the union.

The conversation also covers SB 201's complicated legacy, the local control concerns in Section 4 of that bill, the case for and against a constitutional amendment on eminent domain, rural broadband investment, international trade missions, and what Rhoden sees as the key differences between himself and Toby Doeden heading into the runoff.

Key Topics Covered

• HB 1052 and the compromise threshold discussion during negotiations: why it didn't get support and what Rhoden did when the bill reached his desk
• Data centers: his opposition to special tax exemptions, his support for the Data Center Bill of Rights for Citizens, and how he views existing incentive structures
• President Trump's executive orders on data centers and expanded eminent domain for energy infrastructure, and how Rhoden plans to navigate federal pressure while protecting South Dakota landowners
• His decades-long property rights record: Kelo v. New London model legislation, the Open Fields Doctrine bill, and the non-meandered bodies of water resolution
• SB 201 and RL 21: Rhoden's perspective on what the bill actually did, why the referendum process surprised him, and how Summit Carbon's loss of trust with landowners shaped the outcome
• Section 4 of SB 201 and the local control concerns around PUC authority versus county and township ordinance-making power

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