The SD Freedom Caucus, other legislators and the people, hereby call on Governor Noem to immediately declare an emergency to suspend all activity of Summit Carbon Solutions and Navigator pipelines in South Dakota for the preservation of our citizen’s property and to convene a special session to address the violations of the citizen’s fundamental Constitutional property rights, and other rights that have been violated ancillary to the taking of their property, in order to rectify the current unconstitutional process of eminent domain as is statutorily established.
Whereas, US Const. Amend. IV and SD. Const. Art. VI § XI guarantees all citizens to be secure in their homes against unreasonable searches or seizures; and
Whereas, on May 30th, 2023, Summit Carbon Solutions personnel were witnessed and recorded entering into the premises of a private South Dakota citizen’s residence, without warrant, cause or suspicion of a crime; and
Whereas, SD Const. Art. VI § I, establishes the inherent right of our citizen’s to protect their own property; and
Whereas, US Const. Amend. V, US Const. Amend. XIV § 1 and SD Const. Art. VI § 2 guarantees no citizen shall be deprived of their property without due process of law; and
Whereas, on June 20th, 2023, as documented and evidenced, Summit Carbon Solutions under the auspices of a “survey” began to destroy the crop fields of landowners by drilling into the land, effectively depriving them of their land; and
Whereas, on such day, law enforcement present and witness to such activity, claim they have no authority to stop the per se takings as witnessed; and
Whereas, US Const. Amend. V and SD Const. Art. VI § 13 guarantees that no citizen’s property taken or damaged without just compensation; and
Whereas, to date such landowners who’s land was taken and damaged, depriving them of its use have yet to be compensated; and
Whereas, the SD Freedom Caucus and other legislators, have become aware of these violations against our citizens Constitutional rights, and recognize our foresworn oath to uphold them; and
Whereas, SDCL § 34-48A, authorizes the Governor to declare any “man-made … catastrophe” a emergency “to protect property;” and
Whereas, such precedence of such orders under SDCL § 34-48A has been established and on April 6, 2020, Governor Noem issued Executive Order 2020-12 § 6 – 13, limiting the activities of businesses to those offering essential services which complied with specific guidelines issued at the time; and
Whereas, SD Const. Art. IV § 3 authorizes the Governor to convene the Legislature in a special session by proclamation; and
Whereas, such precedence of such proclamations has been established and on September 30, 2021, Governor Noem issued a proclamation convening the Legislature in special session;
Now, Therefore Be It Resolved, by the South Dakota Freedom Caucus, other legislatures, and the following signed citizens, we strongly support and urge the Governor of the state of South Dakota, Kristi Noem, to invoke her authority to call an emergency for the protection of our citizen’s property and rights pursuant to SDCL § 34-48A, and to convene the Legislature in special session pursuant to SD. Const. Art. IV § 3 immediately.