South Dakota Lawmakers Approve 'Bossly Bill' to Limit Land Survey Abuses

The bill aims to prevent developers from using eminent domain to access private property without landowner consent.

Feb. 3, 2026 at 8:39pm

Got story updates? Submit your updates here. ›

South Dakota lawmakers have approved the 'Bossly Bill,' which is aimed at limiting the ways developers can use eminent domain to enter private land for surveys without the landowner's permission. The bill is named after Jared Bossly, a rural Aberdeen resident who became a prominent opponent of the Summit Carbon Solutions pipeline project after confrontations with the company over accessing his land for surveys. The bill would require developers to obtain a pending or approved siting permit before conducting only 'minimally invasive' examinations of the land, rather than more comprehensive surveys.

Why it matters

The 'Bossly Bill' is a response to growing concerns from property rights advocates about the use of eminent domain by developers, particularly for projects like the Summit Carbon Solutions pipeline that has faced significant landowner opposition in South Dakota. The bill seeks to better protect landowners' rights and prevent the type of confrontations and legal battles that the Bossly family experienced.

The details

The bill, sponsored by Sen. Mark Lapka, R-Leola, defines an 'examination' as a minimally invasive procedure that causes no more than minor soil disturbance, while defining a 'survey' as a more detailed, comprehensive or invasive investigation. If a property owner denies permission, the bill would only allow an 'examination' and would require developers to have a pending or approved siting permit detailing their plans. The bill was approved by the Senate Commerce and Energy Committee with no opposition testimony.

  • The 'Bossly Bill' was approved by the South Dakota Senate Commerce and Energy Committee on Tuesday, February 3, 2026.
  • In 2024, the South Dakota Supreme Court ruled that the state's entry law only permits 'minimally invasive superficial inspections' without landowner consent.

The players

Jared Bossly

A rural Aberdeen resident who became a prominent opponent of the Summit Carbon Solutions pipeline project after confrontations with the company over accessing his land for surveys.

Tara Bossly

Jared Bossly's wife, who alleged that surveyors entered their home while she was alone and showering.

Sen. Mark Lapka

The Republican senator from Leola who is sponsoring the 'Bossly Bill'.

Summit Carbon Solutions

The company proposing a carbon dioxide sequestration pipeline project that has faced significant landowner opposition in South Dakota.

Got photos? Submit your photos here. ›

What they’re saying

“Your home is supposed to be your safe place, where you feel comfortable, safe, protected. But for my family, we no longer feel safe at home.”

— Tara Bossly

“The bill is intended to align state law with the court's guidance and to prevent future landowners from spending time and large sums on legal battles.”

— Sen. Mark Lapka, R-Leola

What’s next

The 'Bossly Bill' will now move forward in the South Dakota legislative process, with the goal of becoming law and providing additional protections for landowners against eminent domain abuses.

The takeaway

The 'Bossly Bill' is a significant victory for property rights advocates in South Dakota, who have pushed back against the use of eminent domain by developers like Summit Carbon Solutions. The bill aims to strike a balance between allowing necessary land examinations and preventing more invasive surveys without landowner consent, helping to prevent the type of confrontations and legal battles experienced by the Bossly family.