South Dakota

North Dakota Supreme Court sides with Summit in landowner dispute • Iowa Capital Dispatch

Published

2 years ago

May 30, 2024

North Dakota Supreme Court sides with Summit in landowner dispute • Iowa Capital Dispatch

The North Dakota Supreme Court has ruled in favor of pipeline company Summit Carbon Solutions in a dispute with landowners over the right to access properties to survey the land.

The ruling released Thursday affirms a lower court ruling that the pipeline company did not need permission from landowners before accessing property to determine a possible route.

Some landowners have refused to grant Summit access to survey their property as Summit attempts to site its carbon capture pipeline.

Several cases regarding survey access were grouped together in the case SCS Carbon Transport v. Malloy.

Howard Malloy of Bismarck owns land in Morton County where Summit wants to site its pipeline. Malloy contends the property is a prime housing development area.

Iowa-based Summit is trying to obtain property easements for its five-state carbon capture pipeline.

Summit says it has secured more than 80% of the North Dakota route through voluntary easements but some landowners, such as Malloy, have refused to grant survey access.

In December, attorneys for the landowners argued that the state law granting survey access is unconstitutional.

North Dakota law does not require written notice to landowners for survey access and allows survey crews access for projects that would benefit the public to show up at any time. Attorney Brian Jorde argued in December that written notice should be required and landowners should be compensated up front. They also should have a right to challenge access requests in court, he argued.

Without those protections, a pipeline or utility company effectively has an easement on the property, he argued.

The Supreme Court on Thursday upheld a district court ruling, saying that court’s order “did not grant the functional equivalent of an easement, either temporary or permanent.”

Attorney Brian Jorde argues Dec. 18, 2023, to the North Dakota Supreme Court on behalf of landowners in a case involving the state’s survey access law. (Photo by Kyle Martin for the North Dakota Monitor)

Jorde said Thursday that for the courts to deem the statute constitutional, it needed to determine that there were already limits on the survey access. He contends the court incorrectly applied the statute’s limits on the use of the property, in this case a pipeline, and applied it to survey access, where the statute provides no limits.

The ruling did add that landowners could take legal action if Summit damages the land “and unreasonably interferes with its ordinary use, or continues to occupy the land beyond the time reasonably needed to complete its examinations, surveys, and maps.”

Bismarck attorney Derrick Braaten also represented landowners in the case.

“The good thing for landowners is that it appears the Supreme Court is going to narrow the scope of what is allowed in precondemnation surveys and has left open the issue of compensation for any damages,” Braaten said in an email. “We disagree that these kinds of surveys are a background restriction on our property rights.”

Summit issued this statement:

“Summit Carbon Solutions respects the North Dakota Supreme Court’s decision. We are committed to conducting our surveys responsibly, respecting landowners’ rights, and ensuring minimal impact. We will continue to adhere to legal requirements and compensate for any damages during our activities.”

Jorde said he would continue to analyze the ruling and determine next steps in the coming weeks.

Jorde’s Domina Law firm represents landowners across the footprint of the Summit pipeline project, which aims to connect 57 ethanol plants to an underground carbon storage site northwest of Bismarck.

There was a similar survey access case argued before the South Dakota Supreme Court, which has yet to rule. A date for oral arguments in another case before the Iowa Supreme Court has yet to be set.

Jorde said North Dakota’s law would be the most difficult for landowners to overcome.

Meanwhile, the North Dakota Public Service Commission is holding hearings on Summit’s pipeline route permit application. The PSC denied Summit a permit last year but has allowed Summit to address the PSC’s concerns and reconsider the case.

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This story was originally published by North Dakota Monitor, which is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. North Dakota Monitor maintains editorial independence. Contact Editor Amy Dalrymple for questions: [email protected]. Follow North Dakota Monitor on Facebook and Twitter.

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South Dakota

Recent Farmland Sales in Illinois, Kansas, Kentucky, South Dakota

Published

3 hours ago

December 16, 2025

Press Room

Recent Farmland Sales in Illinois, Kansas, Kentucky, South Dakota

Link to the listing: https://www.frrmail.com/…

For more information, contact: Cory Busse, Farm & Ranch Realty, Inc., at 785-332-8345 or frr@frrmail.com

KENTUCKY, Hopkins County. Five tracts of river-bottom cropland totaling 597.9 acres sold at auction for $5.39 million, or $9,015 per acre. Tracts ranged from 16 to 255 acres, with much containing drainage tile. Soil types were primarily Karnak silty clay and loam with some Belknap and Robbs silty loam. Structures included a tool shed and a 5,000-bushel grain bin. Tracts ranged in price from $7,800 to $11,500 per acre.

Link to the listing: https://www.kurtzauction.com/…

For more information, contact: Joseph Mills, Kurtz Auction & Realty Co., at 800-262-1204 or jmills@kurtzauction.com.

SOUTH DAKOTA, Dewey County. A contiguous, 1,529-acre farm sold to a single bidder at auction for $2,600 per acre, or $3.98 million. The property was offered in four parcels, two of which were historically in crop production (wheat, oats, corn and sunflowers) and boasted Soil Productivity Indexes of 70 or higher. Another highly productive parcel was planted in grass and alfalfa but could be converted to row crops. The remaining parcel included a blend of cropland, pasture and an updated home with a steel barn, shop, two Quonset-style buildings, continuous panel corrals and water tank.

Link to the listing: https://glcland.com/…

For more information, contact: Kristen Gill, Gill Land Company, at 701.934.2732 or 605.848.4502 or kristen@glcland.com.

— These sales figures are provided by the sources and may not be exact because of rounding.

— Submit recent land sales to landwatch@dtn.com

Katie Dehlinger can be reached at katie.dehlinger@dtn.com

Follow Katie on social platform X at @KatieD_DTN

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South Dakota

Former South Dakota National Guard adjutant general announces bid for state house of representatives

Published

15 hours ago

December 15, 2025

Press Room

Former South Dakota National Guard adjutant general announces bid for state house of representatives

RAPID CITY, S.D. (KOTA) -The former top official of the South Dakota national guard under former Governor Kristi Noem has announced his campaign to become a state representative for district 33.

Jeff Marlett’s bid makes him a contender in the Republican primary for the district.

Marlett served for 36 years in the South Dakota National Guard which included combat service in Iraq and most recently spending three years as the commanding general of the national guard from 2019 to 2023.

“I’ve always considered that job, it’s not about me, it’s about the great men and women who served in the South Dakota national guard, and I got the opportunity to serve with them so, it was an honor to serve with them,” said Marlette.

Marlette also worked as the west river director under Senator Mike Rounds and served for numerous years as a superintendent of schools for districts in South Dakota. Now Marlette wants to spend his next chapter as a state representative. He explained that he thinks people are “tired of the noise” with politics. He blamed that exhaustion on people stepping away the two major parties.

“They want people that are willing to go, and, and not think they have all the answers and not be wrapped up about, well I’m more Republican thank you are or you’re a dem o.. no, it’s not about that. It’s about looking at meaningful policy, laws if needed, but governing by what’s really truly necessary and best for South Dakota,” said Marlette.

According to a press release for Marlette, he says he will support sensible restructuring of the property tax system, a strong education system and a vibrant environment for business. Marlette said during our interview that he has mixed reviews on the 19 property tax relief proposals out of the property tax task force.

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South Dakota

South Dakota-made munitions systems will anchor U.S. military’s drone dominance

Published

1 day ago

December 15, 2025

Press Room

South Dakota-made munitions systems will anchor U.S. military’s drone dominance

U.S. Army Soldiers look at prototype drones as part of a flight and capabilities demonstration on Schofield Barracks, Hawaii, Oct. 22, 2025. (U.S. Army photo by Cpl. Adaris Cole)

A multi-rotor drone and its fixed-wing, one-way attack counterpart that flanked a wall-sized American flag inside a northern Sioux Falls warehouse Friday weren’t the main attraction.

Rather, Pentagon officials and South Dakota dignitaries gathered for an invite-only ceremony at MMS Product, Inc. to get a look at a newly developed military advancement that will give South Dakota a front-row seat to the U.S. military’s race to drone warfare dominance.