North Dakota
Fargo area leaders urge local control as state works on property tax reform
FARGO — Local leaders are keeping a close eye on moves in the state Legislature that aim to offer property tax relief after Gov. Kelly Armstrong identified that as a key legislative priority.
If passed,
House Bill 1176
would place a 3% cap on annual property tax levy increases for political subdivisions. The bill, introduced by Rep. Mike Nathe, R-Bismarck, includes a host of other property tax changes championed by Armstrong, as well as tax relief for renters and elderly homeowners.
On behalf of the most populated county in the state, Cass County Commission Chair
Tony Grindberg told lawmakers this process should include collaboration between the state and local powers.
He submitted opposing testimony to the bill.
“We want a seat at the table to be part of the solution,” Grindberg told The Forum. “A 3% cap creates challenges for the state’s fastest-growing county.”
While the county supports statewide efforts to expand property tax relief to primary residences, there is concern at the county level that the bill doesn’t adequately factor in inflation, economic and population growth, or changing requirements for government.
Historically, Cass County has maintained healthy finances through “fiscally conservative budgets,” Grindberg said.
A 3% cap on annual property tax increases doesn’t align with the growing demands on the county, he said, including increased costs across the board, workforce challenges and an ongoing jail expansion.
If this is put into law, Cass County will either need to cut services or face a deficit of $4 million by 2026, he said. The bulk of the county’s budget is earmarked for public safety offices like the jail, sheriff and state’s attorney, he said, and other cuts could impact the highway fund for road upkeep.
Ultimately, Grindberg said he hopes lawmakers arrive at the right decisions for property tax relief and reform that provide a level of local control and flexibility.
“It will all work out, but it’s going to take a collective effort,” he said.
The Fargo School Board is asking the Legislature to push forward property tax reform that prioritizes local control and can be easily and practically applied throughout the state.
On behalf of the board, member
Robin Nelson submitted neutral testimony to the bill.
It’s increasingly apparent that property tax issues are complex, Nelson told The Forum, and require more thought than placing a cap on local government.
However, that’s how leading goes, she said, noting it involves coming to the table with an idea and working on it until it’s the best it can be.
“That’s how the democratic process works,” Nelson said. “Legislation is sausage-making.”
At the end of the day, Nelson said, the best ideas from around the table will be formed into a final solution to best serve the interests of local communities.
The city of Fargo is excited to see property tax reform and the positive impact it will have on residents, Mayor Tim Mahoney said. He did not submit testimony on the bill.
However, the city isn’t without worry about the shifting landscape.
The 3% cap on annual increases won’t keep up with the growth of communities like Fargo, West Fargo and Horace, Mahoney said.
These concerns have been brought to Armstrong’s attention on behalf of the Fargo City Commission and the city of West Fargo, he said, and leaders from both communities plan to work alongside state leaders to find solutions.
At the end of the day, the city wants to continue providing services to residents, Mahoney said, and could face cuts if the community’s growth outpaces the proposed cap.
“People expect great services in their community,” he said.
Legislators amended HB 1176 several times since its introduction.
Most notably, lawmakers adjusted the bill to allow voters to exclude their county or city from the levy increase caps for up to 10 years,
The Bismarck Tribune reported.
Armstrong told The Bismarck Tribune the built-in flexibility could be “a little more restrictive,” but he commended the hard work that is moving the bill forward.
There has been a mixed response to the bill,
according to submitted testimony,
with roughly half in favor, a quarter opposed and another quarter neutral.
Most of the written comments were submitted on behalf of government entities or by government officials and other large organizations.
The bill was sent to the House Appropriations Committee on Feb. 11 and is awaiting a recommendation there.
North Dakota
Armstrong opens application period for Governor’s Band/Orchestra and Choral programs
BISMARCK, N.D. – Gov. Kelly Armstrong today announced the opening of the application period for school, community and church bands, orchestras and choirs across North Dakota to apply to serve as the Governor’s Official State Band/Orchestra Program and Choral Program for the 2026-2027 school year.
The Governor and First Lady will select the two groups from the applications received based on musical talent, achievement and community involvement. The governor may invite the groups to perform at official state functions held throughout the 2026-2027 school year, including the State of the State Address in January 2027 at the Capitol in Bismarck.
Interested groups should submit an application with a musical recording to the Governor’s Office by 5 p.m. Monday, May 4. The Governor’s Band/Orchestra Program and Governor’s Choral Program will be announced in May. Please complete the application and provide materials at https://www.governor.nd.gov/governors-chorus-and-bandorchestra-program-application.
North Dakota
Greenpeace seeks new trial, claiming jury pool biased in case over Dakota Access Pipeline
Greenpeace has asked for a second trial after a judge entered a $345 million judgment against the organization in a landmark case brought by the developer of the Dakota Access Pipeline.
The case “threatens to result in one of the largest miscarriages of justice in North Dakota’s history,” attorneys for the environmental group wrote in a brief filed last week.
After a three-week trial roughly a year ago, a Morton County jury directed Greenpeace to pay Energy Transfer about $667 million, finding the environmental group at fault for inciting illegal acts against the company during anti-pipeline protests in North Dakota in 2016 and 2017 and for publishing false statements that harmed Energy Transfer’s reputation.
Greenpeace denies Energy Transfer’s claims and maintains that it brought the lawsuit to hurt the environmental movement.
Southwest Judicial District Judge James Gion in October slashed the jury’s award to $345 million, though he didn’t finalize the award until late February.
Greenpeace is now taking steps to fight the judgment, which includes its motion for a new trial.
The environmental group’s reasons for the request include claims that the jury instructions and verdict form contained errors, and that Energy Transfer was allowed to present unfair and irrelevant evidence to jurors. The group also alleges the jury pool was biased.
Greenpeace says the jury’s award assumes that Greenpeace was entirely responsible for any injury Energy Transfer sustained related to the protests. Jurors were not given the opportunity to consider whether Greenpeace was only at fault for a portion of the damages, the organization wrote in its brief.
Attorneys for Greenpeace also referenced the mailers and other media circulated to Mandan and Bismarck residents before the trial that contained anti-Dakota Access Pipeline protest and pro-energy industry content.
The environmental group seeks a new trial in Cass County, arguing in part that the jury pool in the Fargo area would be more fair because its residents did not directly experience the Dakota Access Pipeline protests and because the local economy is less dependent on the energy industry.
If Greenpeace’s request for a new trial is denied, it plans to appeal the case to the North Dakota Supreme Court, the organization has said.
Greenpeace previously asked for the trial to be moved from Morton County to Cass County in early 2025, which Gion and the North Dakota Supreme Court denied.
The lawsuit is against three separate Greenpeace organizations — Greenpeace USA, Greenpeace International and Greenpeace Fund.
Energy Transfer as of Wednesday morning had not submitted a response to Greenpeace’s motion for a new trial. Previously, the company has defended the jury’s verdict and disputed Greenpeace’s claims that the court proceedings were not fair.
Energy Transfer has indicated it may appeal Gion’s decision to reduce the award to $345 million.
Greenpeace will not have to pay any of the $345 million judgment for at least a couple of months, Gion ruled Tuesday.
Court documents indicate that the organization could have to pay a bond of up to $25 million while appeals proceed, though the environmental group has asked the judge to waive or reduce this amount. Gion has not decided on this motion.
He noted that obtaining such a large bond will be challenging.
“The magnitude of this matter defies simple decisions,” Gion wrote.
Energy Transfer in court filings urged the judge to require Greenpeace to post the full $25 million.
Any bond money Greenpeace provides would be held by a third party while the appeals proceed, according to Greenpeace USA.
Greenpeace International has filed a separate lawsuit in the Netherlands that accuses Energy Transfer of weaponizing the U.S. legal system against the environmental group. Energy Transfer asked Gion to order that the overseas suit be paused while the North Dakota case is still active, which Gion denied. The company appealed his ruling to the North Dakota Supreme Court, which has yet to make a decision on the matter.
North Dakota
Minnkota Says Cost of Data Center Power Project Rises Won’t Affect Customers
(Photo by Jeff Beach/North Dakota Monitor)
(North Dakota Monitor) – The cost of the power line and substation needed by a data center north of Fargo has risen from $75 million to $110 million, but developers say the data center company will still cover the entire cost of the project.
Applied Digital needs the project to power its data center being built between Fargo and Harwood. The data center requires 280 megawatts of power at peak demand.
Applied Digital will pay for the project but it will be owned by Grand Forks based, Minnkota Power Cooperative.
The North Dakota Public Service Commission held a hearing in Fargo on what is known as the Agassiz Transmission Line and Substation.
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