North Dakota
North Dakota Supreme Court sides with Summit in landowner dispute • Nebraska Examiner
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.
More than 80% voluntary easements
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.”
Similar case pending in South Dakota
Jorde said he would continue to analyze the ruling and determine next steps in the coming weeks.
Jorde’s Domina Law firm, based in Omaha, 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.
This article first appeared in the North Dakota Monitor, a sister site of the Nebraska Examiner in the States Newsroom network.
North Dakota
Sports Spotlight: Ben DeForest
BISMARCK, N.D. (KFYR) – Bismarck High Wrestlers win a lot of titles.
“We’re striving for a state championship, that’s where the bar is set,” said Bismarck High Wrestling head coach Mark Lardy.
Three of said titles belong to the top-ranked 133-pound wrestler in North Dakota, Ben DeForest.
Now, Ben’s going for number four.
“It would mean everything to me,” said Ben DeForest. “There have been some great wrestlers from BHS that have been four-timers it would just mean a lot for me to add my name to that list.”
”He led a lot by example in the past,” said Lardy. “Now he leads not only by example but his voice in the room is heard.“
Even when his BHS days are over, Ben has another chapter to write in his story: He’s committed to Wrestle at UMary.
“We pride ourselves on trying to keep and retain as many local North Dakota kids here at U-Mary and we’re just very thankful that Ben chose to come here and wrestle for us as well,” said U-Mary Wrestling head coach Adam Aho.
The state champ has a bigger goal in mind.
“His goal is way beyond what our room is going to give him. This is just a stepping stone,” said Lardy.
Ben wants a national championship.
“We need every guy to have that type of mentality,” said Aho. “Without it, we will never be relevant on the national scene.”
”Once you get your hand raised you realize, all those morning practices you didn’t want to go to and all those lifts that you were like, uh I don’t know, it’s worth it. It’s worth it,” said DeForest.
Copyright 2024 KFYR. All rights reserved.
North Dakota
My Heartfelt Christmas Wish To You North Dakota
My Heartfelt Christmas Wish To You North Dakota.
Not a “catchy-clicky” title and I doubt many of my listeners or readers will probably even read this article.
However, I wanted to share something with you that is on my heart. This is so not me, as I’m more the guy who writes about “North Dakota’s 10 most quirky this and that”.
It’s not that I’m not a sensitive guy, because when I was growing up, I was probably too sensitive. I would avoid sad movies, songs, or anything that would spark too much of an emotion.
Yes, you could say my heart has become a bit jaded and cold over the years. It’s not something I’m proud of but more of a defense mechanism.
2024 has probably been one of the most challenging years for my family.
From losing loved ones to family issues to health issues to very challenging financial times, it’s been one of those years where you just can’t catch a break. I’m sure many of you can relate.
As we were attending a Christmas Eve candlelight service last night a young child caught my eye.
She was a cute little toddler who was starting to act up. Something I remember oh so well at church with my little now 20-year-old son.
As her father took her outside the sanctuary to attend to her, I couldn’t help but notice this child’s extremely unfair situation. She had a disability at a year or so old, that none of us could ever imagine. It broke my heart.
This poor child and her family no doubt have a long road ahead of them. As we lit our candles later in the service, I caught the wonder in her eyes, and it couldn’t help but melt my cold heart at the time.
She was perfect and I found myself saying a prayer for this little blonde girl with curly locks and her family.
Her situation also reminded me that I should be thankful for what I have and not what I don’t this Christmas. This is my Christmas wish for you North Dakota, that you will realize the same thing.
Be thankful for who you have around the tree today, not what’s under it.
Merry Christmas to all my listeners and readers. I hope at least a few of you get to read this and it will touch you the same way this little girl touched me on Christmas Eve.
LOOK: Popular Dinners Americans Don’t Make as Often Anymore
From classic casseroles to heaping helpings of beige-on-beige, these beloved American dinner dishes have fallen out of the mealtime rotation.
Gallery Credit: Stephen Lenz
The 11 Best Gooey Caramel Rolls You Will Find In North Dakota
North Dakota
Could a Bismarck woman become North Dakota's 1st saint?
BISMARCK — Christmas Day marks the ninth anniversary of 31-year-old Michelle Duppong’s death. While her family and friends will feel her absence on this day, they also feel the love, kindness and faith she demonstrated during her short life, along with abundant hope that she not only shared while alive but continues to share in death, which is one of the reasons she is slated to become the first person from North Dakota to become a Catholic saint.
In June 2022, Bismarck Bishop David D. Kagan announced the opening of a diocesan investigation into Duppong’s “holiness of life and love for God,” officially starting the long and arduous process of canonization to a saint. On Nov. 1, 2022, Kagan deemed Duppong a servant of god.
Duppong is on track to be the first North Dakotan and one of few around the world to be canonized, said Father Tom Grafsgaard, of Hazen, North Dakota. According to Catholic publications, only 11 people from the U.S. have become canonized saints.
“It’s never happened in the history of North Dakota in either (the Bismarck or Fargo) Diocese,” Grafsgaard said. “It’s quite exceedingly rare for this to be happening.”
In the process of canonization, the Catholic Church declares people “saints.” There are three paths to sainthood: to have died as a martyr for Catholicism; if one lived an expression of love and died a rather quick and unexpected death; or if they gave a heroic example of living all the Christian virtues.
The process of canonization is governed by a strict canonical or juridical procedure established by St. John Paul II in 1983.
After Kagan began the process, Duppong’s cause entered the diocesan phase of investigation into her life. The Michelle Duppong Guild was created — a group tasked with promoting an awareness of her life. Officials are poring over Duppong’s writings, work, demonstrations of faith and the great number of lives she touched while alive, which are illustrated through interviews with those who knew her, Grafsgaard said.
Her case will be built up and eventually sent to the Dicastery for the Causes of the Saints in Rome for the Roman Phase of canonization. A Vatican panel will also investigate and determine if Duppong lived a heroically virtuous life. The Dicastery can then issue a “decree of heroic virtue” in which Duppong would be given the new title of “Venerable Servant of God.”
The third step, beatification, then begins. During this phase, it must be proven that one miracle has been granted by God through Duppong’s intercession. If the Pope declares a true miracle occurred, then Duppong would be declared “Blessed.” Last, a ceremony of canonization would take place where the church declares her a Saint in heaven with God.
“The process is very long,” Grafsgaard said. “I often say, ‘It takes as long as it takes.’ ”
Michelle Christine Duppong was born Jan. 25, 1984, the fourth of six children to parents Ken and Mary Ann Duppong. She grew up on the family farm in Haymarsh, North Dakota, where her parents said she loved to help with chores, including caring for sheep but especially gardening, mowing, pruning, weeding, harvesting and canning, according to her mother.
Duppong was named valedictorian and president of her senior class and later attended North Dakota State University, where she earned a degree in horticulture.
After earning her degree, she became a FOCUS missionary at four college campuses, including the inaugural year at the University of Mary, mentoring college students to draw them deeper into the faith. FOCUS is an apostolate dedicated to evangelizing college and university students.
In 2012, she became the director of faith formation for the Bismarck Diocese, where she led parish missions, launched a podcast and spearheaded a three-day Eucharistic conference that drew thousands to the Bismarck Civic Center in 2013.
In the fall of 2014, Duppong was experiencing sharp abdominal pains that doctors initially thought were ovarian cysts, a common but painful issue for women that will sometimes dissolve and go away without major medical treatment. But by December, the pain was unrelenting, and an outpatient surgery was scheduled that month to remove the cysts.
According to Mary Ann Duppong, surgeons were “shocked to find” Michelle Duppong’s abdomen was “full of stage four cancer.”
Doctors expected the young woman to die within months, and hospice care was recommended.
“Michelle was not one to blame anyone for anything,” Mary Ann Duppong said. “Her attitude was, ‘If God wants me to go through this, I will go through this.’ “
Despite the diagnosis, Michelle Duppong continued her life for nearly a full year.
According to the website that outlines the canonization process for Michelle Duppong and its status, she told one of the sisters providing hospice care that she believed she would pass on Christmas Day. Michelle Duppong died at 11:23 p.m. on Dec. 25, 2015.
Shortly after Bishop Kagan initiated the process for Michelle Duppong’s canonization, U.S. bishops affirmed their support for the cause’s advancement.
In this first stage, the primary focus is to raise awareness of Michelle Duppong and the push for her sainthood by spreading as much information about her and her life as possible, which is done through the creation of a guild and much of which can be found at
www.michelleduppongcause.org.
In January, a FOCUS-produced documentary titled “Thirst for Souls: The Michelle Duppong Story,” was screened at a FOCUS convention in St. Louis. Afterward, Michelle Duppong’s parents were inundated for hours with comments about how much the movie and Michelle had influenced viewers.
While one cannot necessarily predict when or if Michelle Duppong will become a saint, Grafsgaard said a bishop must believe canonization is likely to begin the process.
“For a bishop to initiate a cause, there should be a well-founded hope for its success,” he said. “There certainly was reputation in her life, and she continues to have it in her death.”
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