North Dakota
North Dakota Supreme Court sides with Summit in landowner dispute
North Dakota Supreme Court Chief Justice Jon Jensen, left, and Justice Lisa Fair McEvers hear arguments Dec. 18, 2023, in a case involving Summit Carbon Solutions and landowners. (Kyle Martin/For the North Dakota Monitor)
BY: JEFF BEACH
BISMARCK, N.D. (North Dakota Monitor) – 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.”
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.
North Dakota
Found guilty of manslaughter: Dickinson man to spend only about four and a half more years in prison
DICKINSON — A 70-year-old Dickinson man
charged with murder in 2024
was sentenced on Tuesday to 15 years in prison after the charges against him were dropped to manslaughter. According to court documents, he will only be in custody for about four and a half more years.
Nine years were suspended from Jeffrey Powell’s sentence along with 532 days or about one and a half years for time already served.
Barring future developments, Powell will be incarcerated at the North Dakota Department of Corrections and Rehabilitation for
the death of 59-year-old Christopher Volney Ische
for about four and a half more years.
That’s just months more than the four-year minimum sentence, according to the Stark County State’s Attorney Amanda Engelstad.
The initial incident happened on July 3, 2024. Police said the shooting, which resulted in Ische’s death, happened around 7 p.m. in a residential neighborhood in Dickinson after a verbal altercation. Police also said Powell had stayed on the scene of the shooting and talked with officers.
At the time of Powell’s arrest, police said they presumed Ische’s death was an isolated incident. He has been held at Southwest Multi-County Correctional Center (SWMCCC) since the incident with a $2 million bond.
Powell
was initially charged with a Class AA felony
, which could carry a maximum sentence of life in prison. On Tuesday, Dec. 16, Powell was found guilty of manslaughter of an adult victim, which is a Class B felony.
Powell pleaded guilty to the manslaughter charge.
Engelstad said to The Press that the difference in charges was based on evidence presented in the trial and was an “appropriate resolution.”
Different sentencing rules applied to Powell, however, because of how North Dakota law interprets the use of a firearm in cases like this.
During the trial, the court found that Powell was a dangerous special offender pursuant to NDCC 12.1-32-09. This portion of North Dakota law allows the court to sentence above normal charges. In Powell’s case, a class B felony typically carries a maximum sentence of 10 years. With the dangerous special offender finding, the sentence can be a maximum of 20 years.
Engelstad said the State had argued for a sentence of 20 years.
“I’m disappointed in the outcome,” said Engelstad.
Additional terms of Powell’s sentence include five years’ supervised probation, along with no contact with the family of the deceased for the same length of time.
If Powell does not violate these terms, his probation will end in 2035. He is scheduled to be released from custody June 23, 2030.
A total of $775 in fees for Powell’s case, including criminal administration, facility admin and victim witness fees, were waived. He may be required to pay restitution. The State’s Attorney’s office has 60 days from the date of judgment to file an affidavit of restitution.
The view through a North Dakota Highway Patrol squad’s windshield. (Facebook)
(FOX 9) – Blizzard warnings are in for parts of both North and South Dakota, creating hazardous conditions for drivers on Thursday morning.
Blizzard warning in effect
What we know:
In North Dakota, the blizzard warning covers most of the northern two-thirds of the state, stretching into northwest Minnesota.
In South Dakota, the blizzard warning only covers three counties in the far northeast part of the state, including Day, Marshall, and Robert counties.
The National Weather Service is only forecasting between one and four inches of snow in North Dakota and two inches of snow in South Dakota, but whipping winds up to 70 miles per hour will greatly reduce visibility and cause damage to trees and power lines.
READ MORE: White-out conditions reported in NW Minnesota
What they’re seeing:
North Dakota Highway Patrol shared photos showing the blizzard conditions along Interstate 94 just east of Bismark. In the photos, it appears you can only see a few feet past the front bumper of the squad.
Another post shows snow whipping in the high winds in Grand Forks County. Troopers are urging residents to stay home in North Dakota if they are able.
Travel restrictions in place
Big picture view:
A travel alert is in effect for western parts of North Dakota while no travel is advised for central and eastern parts of the state. Troopers have restricted oversized loads from roads in the northwest and northeast regions of the state as of 5:30 a.m. and empty or light-loaded high-profile vehicles due to the high winds and icy conditions.
In South Dakota, officials warn that there are reports of multiple downed powerlines and trees blocking roadways. No travel is advised in Day and Marshall counties.
The Source: This story uses information from the North Dakota Highway Patrol and the National Weather Service.
FARGO, N.D. (Valley News Live) – A 24-year-old suspect wanted on fraud charges in Florida was arrested in Bismarck following a multi-state investigation into alleged economic crimes targeting St. Lucie County, Florida residents in 2024.
Kylen Running Hawk was arrested on Tuesday, Dec. 16, by Bismarck authorities working with the St. Lucie County Sheriff’s Office. Running Hawk is being held at the Burleigh County Jail pending extradition to Florida.
Running Hawk faces three charges under Florida law:
- Fraud/swindle: Defrauding to obtain property valued at less than $20,000
- Fraud/impersonation: Use or possession of another person’s identification without consent
- Grand theft: Property valued at $750 or more but less than $5,000
Detective Cpl. Redler coordinated the cross-state apprehension, according to the St. Lucie County Sheriff’s Office.
The investigation remains ongoing.
Copyright 2025 KVLY. All rights reserved.
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