When citizens put constitutional amendments on the ballot, Representative Spencer Gosch (R-23/Glenham) gets all worried that voters will destroy rural residents’ rights. But now when he tries to put an amendment on the ballot—his House Joint Resolution 5001, banning eminent domain for economic development, Spencer Gosch trusts the voters… or at least “his” voters:
He argued the resolution is “pretty clear” in seeking to ban eminent domain that’s solely “to promote economic development and increase tax revenue,” and he told the committee that approving the resolution does not amend the constitution.
“You’re simply saying, ‘I trust my voters, I’m gonna let them decide,’” Gosch said [Joshua Haiar, “Lawmakers Advance Resolution Asking Voters to Put Eminent Domain Restrictions in SD Constitution,” South Dakota Searchlight, 2026.01.23].
Rep. Gosch got nine of his twelve fellow House State Affairs members to vote with him in sending HJR 5001 to the House floor. Gosch also got two amendments that make HJR 5001: the first change shortened the proposed constitutional language by four words without changing the meaning (always a good move for ballot measures and lawmaking in general!); the second added that the entity taking land by eminent domain must issue “a public declaration… establishing the necessity for taking or damaging the property” (uh oh—adds 16 words and opens the door to a single-subject challenge, as requiring a declaration of necessity is arguably a different subject from and not necessary to blocking the use of eminent domain for economic development).
The full House has scheduled HJR 5001 for second reading and likely debate on Tuesday, January 27. If the House and Senate place Gosch’s amendment on the ballot, it will likely appear as Amendment M (for EMinent Domain! oh, the branding!), right after Amendment L, which Gosch co-sponsored last year to ask voters to require a 60% supermajority to enact any constitutional amendment. Gosch thus trusts his voters to change the constitutional rules on eminent domain by a simple majority, but he doesn’t trust them to approve future amendments without a 60% vote.