logo
South Dakota prison project faces legislative, legal hurdles

South Dakota prison project faces legislative, legal hurdles

Yahoo19-02-2025

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 stu.whitney@sdnewswatch.org
This article originally appeared on Watertown Public Opinion: South Dakota prison project sparks backlash from residents

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Why Elon Musk turned against Trump's $5 trillion mega tax and spending bill
Why Elon Musk turned against Trump's $5 trillion mega tax and spending bill

CNBC

time24 minutes ago

  • CNBC

Why Elon Musk turned against Trump's $5 trillion mega tax and spending bill

President Donald Trump is pushing to pass a sweeping tax and spending bill by July 4, but the proposal is already sparking fierce internal GOP debate. The bill combines 2017 tax cut extensions with new Trump-era proposals, including deductions on American-made auto loans and changes to child tax credits. But not everyone is on board. Elon Musk has launched a high-profile feud with Trump over the bill, and key Republican senators are warning that the bill could add trillions to the national debt.

The Latest: Trump defends National Guard deployment as protests spread to other cities
The Latest: Trump defends National Guard deployment as protests spread to other cities

Yahoo

time36 minutes ago

  • Yahoo

The Latest: Trump defends National Guard deployment as protests spread to other cities

President Donald Trump is defending his decision to send Another 2,000 National Guard troops along with 700 Marines to Los Angeles, escalating a military presence local officials and Gov. Gavin Newsom don't want and the police chief says creates logistical challenges for safely handling protests. Additional protests against immigration raids are expected to continue in other cities Tuesday. Here's the latest: Head of Marine Corps says battalion is in LA, ready to respond but has not engaged The commandant of the Marine Corps, Gen. Eric Smith, said the battalion deployed to Los Angeles is already there and ready to follow the orders from the U.S. Northern Command, but clarified they have not yet been called to respond. Smith testified at a budget hearing before senators that those Marines are trained for crowd control, and they would have shields and batons as their equipment. He said they have no arrest authority, and are only there to protect federal property and federal personnel. When asked by U.S. Sen. Richard Blumental, a Connecticut Democrat, about the danger that Marines would use lethal force that could result in injuries and deaths, Smith said he had faith in them. 'I am not concerned. I have great faith in my Marines and their junior leaders and their more senior leaders to execute the lawful tasks that they are given.' Texas authorities appeared to use chemical irritants to disperse a crowd in Austin Texas Gov. Greg Abbott posted on social media that 'more than a dozen protesters' were arrested by city and state police in Austin. 'Peaceful protesting is legal,' Abbott, a Republican, posted on X. 'But once you cross the line, you will be arrested.' Hundreds of protestors organized by the Austin chapter of the Party for Socialism and Liberation gathered near the Capitol on Monday, and moved toward the federal building that houses an Immigration and Customs Enforcement office. State officials had closed the Capitol to the public an hour earlier than usual head of the demonstration. In Dallas, hundreds of demonstrators gathered for a rally on a city bridge for several hours before police later determined the rally to be 'unlawful.' Dallas police said one person was arrested and charges were pending. Florida Republican Gov. Ron DeSantis rails against California officials' handling of protests DeSantis has often clashed with California Democratic Gov. Gavin Newsom, who like DeSantis is a term-limited governor with national ambitions. 'You don't have the right to just simply opt out of federal immigration law. And I think what's happened in California is they're a sanctuary state. They've taken the position really uninterrupted for many, many years that they can just ignore the law, they don't have to cooperate. Well now you have the law being applied,' DeSantis said at a Florida Cabinet meeting on Tuesday. DeSantis said law enforcement officers in Florida are ready to crack down if demonstrations there boil over into riots. 'The minute you cross into attacking law enforcement, any type of rioting, any type of vandalism, looting, just be prepared to have the law come down on you,' DeSantis added. 'And we will make an example of you, you can guarantee it.' Hegseth refuses to provide lawmakers details on costs of sending Marines to Los Angeles In a back an forth with the defense appropriations subcommittee's top Democrat, Hegseth refused to answer basic questions on the cost of deploying Marines to Los Angeles, instead falling back on political talking points. In a series of questions on the news that Marines would be sent to Los Angeles, House Appropriations defense subcommittee ranking member Rep. Betty McCollum told Hegseth 'this is a deeply unfair position to put our Marines in,' she said. 'There's no need for the Marines to be deployed.' McCollum asked what the cost of the deployment would be. Hegseth deflected on the costs, attacked the decisions of the previous Biden administration instead and talked about illegal immigration. 'Could the Secretary please address the budget' McCollum asked him. Hegseth again refused to acknowledge McCollum's question and attacked the politics of the past administration again. McCollum took back her time and Hegseth was instructed by the committee chairman to provide the costs in writing instead. California Democrats accuse Trump of inciting unrest Democratic members of California's congressional delegation are accusing President Donald Trump of creating a 'manufactured crisis' in Los Angeles with his orders to send in thousands of National Guard troops and hundreds of Marines. 'It's a deliberate attempt by Trump to incite unrest, test the limits of executive power and distract from the lawlessness of his administration,' said Rep. Jimmy Gomez, who organized a press conference at the U.S. Capitol on Tuesday morning. Rep. Jimmy Panetta said that Trump's decision to send in the military was designed to 'give him the image and give him the fight and give him the pictures that he wants.' Panetta said the delegation would stand with peaceful protesters, but those who are not peaceful are going to pay the consequences. Rep. Nancy Pelosi contrasted Trump's actions now with his handling of the Jan. 6th insurrection at the U.S. Capitol when law enforcement officers were being beaten. 'We begged the president of the United States to send in the National Guard. He would not do it,' Pelosi said. Trump links protests in Los Angeles to home rebuilding after wildfires Trump said his decision to 'SEND IN THE TROOPS' to Los Angeles spared the city from burning to the ground like thousands of homes after wildfires this year. He wrote on his social media site that people want to rebuild, and that the federal permitting process is 'virtually complete on these houses.' Trump claimed that 'the easy and simple City and State Permits are disastrously bungled up and WAY BEHIND SCHEDULE!' and blamed California Gov. Gavin Newsom and Los Angeles Mayor Karen Bass. 'People want to rebuild their houses. Call your incompetent Governor and Mayor, the Federal permitting is DONE!!!' he wrote. Pentagon draws up rules on possible use of force by Marines The Pentagon was scrambling Monday to establish rules to guide U.S. Marines who could be faced with the rare and difficult prospect of using force against citizens on American soil, now that the Trump administration is deploying active duty troops to the immigration raid protests in Los Angeles. The forces have been trained in deescalation, crowd control and standing rules for the use of force, Northern Command said. But the use of the active duty forces still raises difficult questions. The Marines are highly trained in combat and crisis response. But that is starkly different from the role they will face now: They could potentially be hit by protesters carrying gas canisters and have to quickly decide how to respond or face decisions about protecting an immigration enforcement agent from crowds. According to a U.S. official, troops will be armed with their normal service weapons but will not be carrying tear gas. They also will have protective equipment such as helmets, shields and gas masks. ▶ Read more about the Pentagon's guidelines for the Marines Los Angeles' image is scuffed since ICE raids and protests, with World Cup and Olympics on horizon This isn't the image Los Angeles wanted projected around the globe. Clouds of tear gas wafting over a throng of protesters on a blocked freeway. Federal immigration agents in tactical garb raiding businesses in search of immigrants without legal status. A messy war of words between Trump and Newsom. Photos captured several Waymo robotaxis set on fire and graffiti scrawled on a federal detention center building, while videos recorded the sounds of rubber bullets and flash-bang grenades hitting crowds. In a city still reeling from January's deadly wildfires — and with the World Cup soccer championships and the 2028 Olympics on the horizon — Mayor Karen Bass has been urging residents to come together to revitalize LA's image by sprucing up streets, planting trees and painting murals so LA shows its best face to nations near and far. 'It's about pride,' she's said. 'This is the city of dreams.' ▶ Read more about the impact of the protests Guard deployment is a nearly unprecedented escalation The deployment appeared to be the first time in decades that a state's National Guard was activated without a request from its governor, a significant escalation against those who have sought to hinder the administration's mass deportation efforts. Protesters clasp hands in front of a line of California National Guard, Monday, June 9, 2025, at a Federal Building in downtown Los Angeles. (AP Photo Jae Hong) The last time the National Guard was activated without a governor's permission was in 1965, when President Lyndon B. Johnson sent troops to protect a civil rights march in Alabama, according to the Brennan Center for Justice. In a directive Saturday, Trump invoked a legal provision allowing him to deploy federal service members when there is 'a rebellion or danger of a rebellion against the authority of the Government of the United States.' Early protests remained peaceful On Monday, thousands flooded the streets around City Hall for a union rally ahead of a hearing for arrested labor leader David Huerta, who was freed a few hours later on a $50,000 bond. Huerta's arrest Friday while protesting immigration raids has become a rallying cry for people angry over the administration's crackdown. He is the president of the Service Employees International Union California, which represents thousands of the state's janitors, security officers and other workers. Early protests had a calm and even joyful atmosphere at times, with people dancing to live music and buoyed by Huerta's release. Protesters linked hands in front of a line of police officers outside the downtown federal detention center where Huerta was being held. Religious leaders joined the protesters, working with organizers at times to de-escalate moments of tension. There was a heavy law enforcement presence in the few square blocks, while most in the immense city of some 4 million people went about their normal business on peaceful streets. Trump sends Marines and more National Guard members to Los Angeles Another 2,000 National Guard troops along with 700 Marines are headed to Los Angeles on orders from President Donald Trump, escalating a military presence local officials and Newsom don't want and the police chief says creates logistical challenges for safely handling protests. An initial 2,000 Guard troops ordered by Trump started arriving Sunday, which saw the most violence during three days of protests. Monday's demonstrations were far less raucous, with thousands peacefully attending a rally at City Hall and hundreds protesting outside a federal complex that includes a detention center where some immigrants are being held following workplace raids across the city. Trump has described Los Angeles in dire terms that Mayor Karen Bass and Newsom say are nowhere close to the truth. They say he is putting public safety at risk by adding military personnel even though police say they don't need the help. Newsom called the deployments reckless and 'disrespectful to our troops' in a post on the social platform X. ▶ Read more about the deployment of more National Guard members The Associated Press

What to know about Trump's deployment of National Guard troops to LA immigration protests
What to know about Trump's deployment of National Guard troops to LA immigration protests

Boston Globe

timean hour ago

  • Boston Globe

What to know about Trump's deployment of National Guard troops to LA immigration protests

The 2,000 Guard members authorized Monday are an addition to the 2,100 Guard troops the president previously mobilized for the protests Sunday morning. Trump also deployed 700 Marines to help them Monday. Trump, a Republican, said in a post on his social media site that the city would have been 'completely obliterated' if he had not sent Guard members. Advertisement This appears to be the first time in decades that a state's National Guard was activated without a request from its governor. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up Here are some things to know about the lawsuit, the protests and the guard's deployment: State sues the president over troops California Attorney General Rob Bonta filed a lawsuit over the use of National Guard troops following the first deployment, telling reporters Monday that Trump had 'trampled' the state's sovereignty. 'We don't take lightly to the president abusing his authority and unlawfully mobilizing California National Guard troops,' Bonta said. He sought a court order declaring Trump's use of the Guard unlawful and asking for a restraining order to halt the deployment. Bonta has said the lawsuit became necessary once Trump escalated the number of troops, leading to growing unrest. Advertisement California Governor Gavin Newsom Trump and his border czar, Tom Holman, traded taunts with Newsom about the possibility of arresting the governor if he interfered with federal immigration enforcement efforts. 'I would do it if I were Tom. I think it's great,' Trump said. Newsom responded in a post on X: 'The President of the United States just called for the arrest of a sitting Governor. This is a day I hoped I would never see in America.' Newsom has called the presence of troops on the streets of Los Angeles both 'illegal and immoral.' On the social platform X, Newsom called the decision to deploy the additional National Guard troops reckless and 'disrespectful to our troops.' 'This isn't about public safety. It's about stroking a dangerous President's ego,' said Newsom, a Democrat. In a post Monday evening, Newsome called the deployment of Marines 'a blatant abuse of power' and said officials would sue to stop it. 'U.S. Marines serve a valuable purpose for this country — defending democracy. They are not political pawns,' Newsom wrote on X. 'The Courts and Congress must act. Checks and balances are crumbling.' What's the mood in Los Angeles? A large crowd gathered Monday in a park across from Los Angeles City Hall to protest the arrest of prominent labor leader David Huerta, whose arrest Friday while protesting immigration raids became a rallying cry for people angry over the administration's crackdown. Huerta was later released on $50,000 bond. Monday's demonstrations were less raucous than Sunday's, with thousands peacefully attending the rally at City Hall and hundreds protesting outside a federal complex that includes a detention center where some immigrants are being held. The protests have been driven by anger over Trump's stepped-up enforcement of immigration laws that critics say are breaking apart migrant families. Advertisement Demonstrations were also taking place in other cities, including inside Trump Tower in Manhattan, and more than a dozen were planned in all. In Los Angeles, the smell of fire hung in the air and ash piles littered Los Angeles Street with the charred remnants of cars set afire during protests. Police cars blocked streets, and workers swept up debris. Crews painted over graffiti that covered downtown buildings. An Australian television journalist was hit in the leg by a nonlethal round Sunday while reporting live, while a British photographer remained hospitalized Monday after undergoing surgery for a similar strike to the thigh Saturday in Paramount. The Los Angeles Police Department confirmed in a news release on Monday that it used tear gas and more than 600 rubber bullets and other 'less than lethal' munitions on protesters over the weekend. Police arrested 29 people Saturday night 'for failure to disperse' and made 21 more arrests on Sunday on charges ranging from attempted murder with a Molotov cocktail and assault on a police officer to looting. Five officers had minor injuries, police said. Perla Rios, an indigenous community leader in Los Angeles, stood outside of Ambiance Apparel on Monday, where US Immigration and Customs Enforcement raids on Friday set off days of tense protests. Rios urged legal representation and due process for immigrants who were detained by federal agents. The weeklong tally of immigrant arrests in the area climbed above 100, federal authorities said. Many more were arrested while protesting. 'What our families are experiencing is simply a nightmare,' Rios said. Behind her, relatives of the detained of workers held up signs saying, 'Immigrants make America Great' and 'We want justice,' next to photos of their loved ones. Advertisement What are officials in California and Washington saying? Newsom, in a post on X, warned that Trump could activate the National Guard in other states unless he is challenged. 'This is exactly what Donald Trump wanted. He flamed the fires and illegally acted to federalize the National Guard,' Newsom wrote. Los Angeles Mayor Karen Bass, speaking on CNN, said she was concerned that more federal immigration raids will spark 'pandemonium.' She said protesters are prepared to respond quickly if they see ICE in action. 'It's just a recipe for pandemonium that is completely unnecessary,' said Bass, a Democrat. ICE officials, in a statement, said they are working to enforce immigration laws and remove immigrants with criminal convictions. They also said they stand ready to arrest protesters who break the law. Holman called Newsom 'late to the game' in responding to the demonstrations. Trump, speaking to reporters in Washington, called Newsom 'grossly incompetent.'

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store