Civic Engagement: Testifying for a "Do Pass" of HB 1052

My engagement in politics has been limited. Apart from my time in the Student Association Senate during my freshman year at the SD School of Mines and Technology, I've mostly observed politics from the sidelines, fulfilling my civic responsibilities by voting in primary and general elections, responding to jury summons, serving twice as a precinct poll worker for the City of Martin during the 1998 primary and 2022 general elections, and actively helping to collect enough signatures in the spring of 2024 to place Referred Law 21 (R.L. 21) on a statewide referendum. Recall that R.L. 21 was Summit Carbon Solutions' "Bill of Rights," an attempt to eliminate local control over zoning for carbon dioxide (CO2) pipelines; however, South Dakotans overwhelmingly rejected R.L. 21 to preserve property rights and local control. See the election results here: https://electionresults.sd.gov/resultsSW.aspx.

It was during this same time period that I began to see a different future for our country and state. We were at a crossroads, and I was concerned about the direction our state and country were going. I had had enough of playing "armchair quarterback" and decided I needed to do more, so after prayerful consideration, I entered the political arena for the first time by running as the Republican candidate for the District 27 State Senate seat. After defeating a reputable candidate in the primary, I sailed into the general election with the wind at my back, but came up short by 289 votes in the race to flip this State Senate seat. I gave it my best, but it was not meant to be...at least not this time.

After the tough defeat, I thought I would retreat into my "hermitage," and people would never hear from me again; however, I continued to attend South Dakota Property Rights and Local Control Alliance (SDPRLCA) group meetings alongside other freedom-loving patriots. These patriots are dedicated residents across this state who are organized to defend property rights and local governance against legislative overreach. By participating in their online group meetings, I have become a more informed voter and have gained a deeper understanding of the legislative process. I have also learned how dirty politics can be in South Dakota. After the successful No on Referred Law 21 campaign, the group continued to meet, and my involvement in South Dakota politics steadily grew as I learned about the rising power struggle among peers within my own party.

Then, in 2025, during the 100th Legislative Session, there was a push to end Summit Carbon Solutions' use of eminent domain for private gain by introducing House Bill 1052 to curb its strong-arming of landowners. HB 1052 would prohibit the exercise of eminent domain for a pipeline that carries carbon oxide. The SDPRLCA sent an email message to its supporters across the state, urging them to testify in support of a Do Pass on HB 1052. It was at this moment that I felt I needed to step out of my comfort zone and do something that went against my character. Normally, I don't like to get involved in controversy, but I continued to feel the Lord tug at my heartstrings to go to Pierre to testify in support of the bill before the Senate Affairs Committee, among the many supporters who would be in attendance.

Once I got to the Capitol, I immediately met some of the supporters who had been on our online conference calls and got a yellow t-shirt to remind the committee members that we were a united front and that we wanted the Senate committee members to support a do-pass motion (with no amendments) on HB 1052. I remember getting there early to find a seat. The meeting room was packed, with standing room only. The committee members met on other bills, and then it was time to introduce HB 1052 to begin the proponent and opponent testimony. The main sponsors of the bill, Representative Karla Lems (District 16) and Senator Mark Lapka (District 23), were there to testify, along with many others I have gotten to know over the past year. I remember our District 27 Representative, Liz May, went through the line to testify and give a "me too" in support of passing HB 1052; however, District 27 Representative Peri Pourier and Senator Red Dawn Foster were nowhere to be found. I thought I needed to get in line to encourage the committee members to support a Do Pass motion. By this point, the Senate Affairs Committee Chair, Jim Mehlhaff (District 24 Senator representing Haakon, Hughes, Hyde, Stanley, and Sully Counties), was becoming a little impatient with the number of South Dakotans who came out in support of the legislation based on the tone of his voice, and he simply wanted to end the proponent testimony despite the distance many people traveled to have their voices heard. After all, in the final vote, Mehlhaff would be one of two senators on the committee who would vote "nay" against the Do Pass motion.

Finally, it was my time to step up to the podium to speak. I had prepared a brief speech to testify before the committee; however, Chairman Mehlhaff cut me off once I began and said the proponents "were way over time" during our testimony. You can listen to my brief live testimony here https://sdpb.sd.gov/sdpbpodcast/2025/sst30.mp3#t=3168 (Go to time stamp 1:18:13).

Below is the full testimony I wanted to present to the committee. The highlighted text (in yellow) is all I was able to say at the committee hearing. Senator Mehlhaff cut me off after reading my second sentence, and cut off all further testimony after 31 minutes of proponent testimony.

Good morning Chair and Committee members.

            I am Anthony Kathol. I am the 2024 Republican nominee for District 27 State Senate. Not only do I come today to represent myself in support of HB 1052, but I am also here to lend my voice to the 3,518 people who voted for me back in November. As a professional engineer officer who worked in the US Public Health Service for 21 years, I can attest that, in all my years installing water and sewer infrastructure in Indian country across this country, our government agency never used eminent domain to confiscate property in trust or fee status. We always approached each landowner with respect and dignity and negotiated fairly to obtain permission to make a survey or to receive consent for a right-of-way.

            Water and sewer infrastructure are basic services that benefit the public. How is it that a federal agency can work and partner with landowners in a fair and equitable manner, but a private corporation cannot? When landowners said “NO”, we respected and honored their desire not to participate in the project and looked for alternative routes to establish a water or sewer main alignment. Everyone who has had geometry in high school knows that the shortest distance between two points is a straight line. However, I know that from personal experience, that is not how utilities are installed. In many cases, the utility corridors are established not because it is the cheapest route, but are established because our agency respected the will of the people who said they did not want to participate in the project; thereby, the agency and the governing utility authority had to redesign the alignment to go around the subject property.

            Today, I am asking you to respect the will of the people of this state who do not want to participate in this project. Eminent domain should only be used as a last resort, not a first resort, and it should be used only for the common good. A carbon transmission pipeline is not in the public interest. It serves only to benefit the shareholders who have a vested interest in capitalizing on the project. Eminent domain should never be used for private gain. I urge you to vote yes for a “Do Pass” on HB 1052. Thank you for your time.

After the committee members respectfully discussed the Do Pass motion on the floor, the votes were as follows:

Shortly after the committee passed HB 1052 (with no amendments), the proponents gathered in the Capitol rotunda to sing "God Bless America" and to take a group photo.

Anthony Kathol (circled in red) gathered for a group photo with the SDPRLCA coalition after attending the Senate Affairs Committee on March 3, 2025, to testify in support of HB 1052.

Eventually, HB 1052 went to the full Senate floor the following day for a vote, which passed 23 yeas to 12 nays. It was signed into law by Governor Larry Rhoden two days later, on March 6, 2025.

Testifying before a Senate committee gave me the confidence to use my voice to speak on behalf of those who were either unable to attend or unaware of the issue's complexity and could not articulate a position in support or opposition to the bill. However, what I learned is that one voice, united with others, can bring about change peacefully. This experience provided me with insight into the process by which a bill becomes law. It is a lot of work, dedication, and time, and it takes many people, united by a common goal, to get the bill across the finish line. This experience further made me realize that I should not completely shut the door on running for office in the future. Rather, it opened my eyes to how I can lend my voice to South Dakotans living in District 27 and beyond who may not otherwise have the opportunity to achieve real change. I am thankful that the SDPRLCA encouraged me to speak in support of HB 1052, even if it was for a brief moment. At the end of the day, it's about showing up in numbers to show your support. Change only occurs when our legislators see public involvement and are engaged in the process. For those "armchair quarterbacks" who love to complain about issues that affect them, I challenge you to get involved in the political process. At a minimum, get out and exercise your right to vote for a candidate that aligns with your perspective, values, and beliefs. Have a great week, and may God bless the great State of South Dakota.