South Dakota prison project faces legislative, legal hurdles

Yahoo

19-02-2025

South Dakota's plan to build an $825 million men's prison complex in rural Lincoln County has sparked clashes of opinion not just among property owners in the area but within different levels of government.
A major legislative showdown is evolving in Pierre as state lawmakers and Gov. Larry Rhoden debate whether to pass the final funding piece to begin construction on the prison on farmland between Harrisburg and Canton.
Members of Lincoln County's Board of County Commissioners have been swept into controversy, either fighting for county zoning authority or taking heat from residents for not speaking out more forcefully.
Arguments also reached the legal system due to the efforts of Neighbors Opposed to Prison Expansion (NOPE), a group of landowners that fought the state's effort and sued to prevent the project from moving forward.
To help sort it all out, News Watch sought different perspectives of some of the key people involved.
Of all the opinions surrounding the decision to build a new prison on Lincoln County farmland, the most consequential was delivered Oct. 23.
It came in the form of a court decision from the Second Judicial Circuit, where Judge Jennifer Mammenga granted the state's motion to dismiss a lawsuit from opponents of the project, including members of NOPE.
The ruling, since appealed to the South Dakota Supreme Court, was a blow to organized efforts to stop or delay construction. Those efforts were re-channeled to the legislative and public relations arena after Mammenga's decision came down, nearly a year after the lawsuit was filed.
The crux of the complaint was that the state's prison plans violated Lincoln County zoning laws and clashed with the county's comprehensive plan.
The state argued that the landowners bringing the lawsuit lacked standing and the state was protected by the legal doctrine of sovereign immunity, which puts limits on when the government can be sued.
That doctrine in state law, according to judicial precedent, dictates that sovereign immunity exists when a state agent's duty is discretionary (allowing for flexibility of action) rather than ministerial (rigidly following orders).
Mammenga characterized House Bill 1017 from the 2023 legislative session as allowing the DOC to purchase property for the prison but not mandating where or when to do it, calling the duties conferred by the law 'discretionary and properly delegated."
As for the question of state authority versus county ordinances, the judge stated that 'a county by its very nature is a legislative creation, and therefore seemingly lacks the authority to preempt state law.'
On Feb. 5, moments after the House of Representatives adjourned for the day at the Capitol in Pierre, legislators Will Mortenson and Aaron Aylward walked down the hallway stride for stride.
Anyone who expected the Republican colleagues to be in lockstep regarding the state prison project, however, hasn't been paying attention to party politics in South Dakota.
Mortenson, a Fort Pierre lawyer and former House majority leader, is viewed as part of the GOP establishment, with connections to U.S. Rep. Dusty Johnson. He supports House Bill 1025, which would provide the final funding piece to green-light construction on the chosen site.
Previous legislation has funneled $567 million into an incarceration construction fund (an estimated $643 million with interest), which means the commitment in one-time dollars from 2025 would need to be $182 million to reach $825 million.
"This has been four years coming, and if it's four more years, it's going to cost a billion dollars or more," said Mortenson. "If you think it's expensive now, just wait."
Aylward, a job recruiter from Harrisburg who represents Lincoln County, serves as vice chair of the South Dakota Freedom Caucus, which touts limited government and landowner rights as part of the party's recent populist wave.
He staunchly opposes the funding bill, which would authorize the DOC to spend $763 million on prison construction on top of the $62 million appropriated last year to prepare the site and arrange for electric, sewer and water utilities.
"It's not looking good right now," said Aylward when asked about HB 1025 getting the two-thirds vote it will require from both houses to reach the governor's desk. "Things are so tight budget-wise right now that people can't justify going forward with this."
The proposed site of a new men's prison in rural Canton, S.D., near the corner of 278th Street and 477th Avenue. The project has sparked clashes of opinion not just among property owners but within different levels of government.
The bill suffered a setback on Feb. 12, when the House State Affairs Committee sent it to House Appropriations without an affirmative "do pass" recommendation, with ongoing operational costs one of the key concerns.
The push for new prison facilities gained urgency during former Gov. Kristi Noem's time as governor and is linked in many ways to her legacy, for better or worse.
The Legislature has already committed $87 million to build a new women's prison in Rapid City, with a likely completion date of early 2026.
In her final budget address Dec. 3, Noem spoke of the state men's penitentiary 'falling down' and being older than the state itself, urging legislators to pass a final funding package so that construction on a new facility can begin.
Enter Rhoden, sworn in as the state's 34th governor on Jan. 27, two days after Noem was confirmed as secretary of the Department of Homeland Security.
The Meade County rancher and legislative veteran faces a tough political scenario, especially with a likely run for re-election looming in 2026.
Populist groups touting landowner rights have become a rising political force in South Dakota, with the massive rural prison project one of their top concerns.
Rhoden must balance those objections with the fact that he was Noem's lieutenant governor and inherited the role as 'chief wrangler' to push the final funding through the Legislature.
Any inkling that Rhoden would waver in this role was answered during his introductory press conference Feb. 6, when News Watch asked him about his approach to getting the bill passed and what happens if the effort falls short.
'I'm not prepared to discuss it not happening,' Rhoden said. 'I believe that it will.'
This story was produced by South Dakota News Watch, an independent, nonprofit organization. Read more stories and donate at sdnewswatch.org and sign up for an email every few days to get stories as soon as they're published. Contact Stu Whitney at [e-mail]
This article originally appeared on Watertown Public Opinion: South Dakota prison project sparks backlash from residents