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
North Dakota spring turkey hunters have successful season
BISMARCK – Hunter success during North Dakota’s spring turkey hunting season was 49%, the Game and Fish Department reported Monday, June 24.
The department issued 8,137 licenses for the 2024 spring season, and a record 6,847 hunters took 3,336 birds, statistics show, the highest spring harvest on record.
RJ Gross, upland game management biologist, said spring turkey hunting success in North Dakota is usually driven by weather.
“This year the weather was very mild with no snow on the ground, and that led to more hunters out on the landscape,” he said. “Also, turkeys had above average production last year, according to our late summer roadside counts and hunter observations of large groups of jakes this spring. Along with high overwinter survival, this led to an abundant population of turkeys.”
North Dakota
Photos: South Dakota DOT shares update on I-29 closure
SIOUX FALLS, S.D. (Dakota News Now) – The Interstate 29 closure was extended between exits 2 and 26 to help with southbound traffic flow to and through the designated detour route.
Pictured above is the closure area as of 7 a.m. on Monday.
The following detour routes remain in place around the closure:
•Southbound I-29 traffic will be detoured onto S.D. Highway 50 west at exit 26 to Vermillion, then south to South Dakota Highway 19 into Nebraska where it becomes N.E. Highway 15, then continue south to N.E. Highway 12 east in Nebraska to U.S Highway 20 east in Nebraska, then to exit 144 for I-29 south at South Sioux City, IA.
•Northbound I-29 traffic will exit onto Highway 20 west, then north on Highway 12 and Highway 15 in Nebraska, continuing onto Highway 19 in South Dakota to the Vermillion exit to Highway 50 eastbound to I-29.
Find detour maps at https://www.SD511.org or https://dot.sd.gov/travelers/travelers/flooding-information.
Drivers are urged to be careful when driving on state and local roads in southeast South Dakota for the next several days.
Motorists should not drive through rushing or standing water over roadways as the road may be washed out underneath.
Please visit https://sd511.org or download the SD511 mobile app to view all current road closures and highway obstructions.
Gov. Noem stated in a press briefing on Monday morning that officials are hopeful the interstate will be reopened Monday night.
Copyright 2024 Dakota News Now. All rights reserved.
North Dakota
North Dakota girl with a goat wins volunteer of the year
Every Friday during the school year, Peyton Marquart hops off the bus in rural North Dakota and strolls into Good Samaritan Society – Lakota hoping to help.
“I like volunteering here because you get to see a lot of people and they’re fun,” Peyton says about Society staff and residents located 63 miles west of Grand Forks.
The 12-year-old girl checks in with the activities director or her grandma Betty Paplow, a nurse manager, and then gets right to work.
“Depending on what the day is like, she’ll play Yahtzee. She’ll do some cartwheels, just entertain,” says Maggie Marquart, Peyton’s mom and a former Society CNA.
“Then the goat thing started a few years ago.”
‘Volunteering is really at the heart of our mission’
Peyton lives on a farm nearby and has a few goats. Recently, she started sharing her animals with the residents.
“When they see her bringing the goats or when they see her smile, they really light up,” Society administrator Anna Halvorson says. “There’s just so many studies out there about intergenerational interaction and how important it is to have young people interact with the older generations.”
When the girl with the goat stops by her room, resident Velma Iverson says it, “makes me feel kind of special.”
Iverson adds when kids chip in, “they think about other people and gives them something great to do.”
Getting volunteers to the long-term care center can be a challenge, however. Halvorson is grateful for Peyton and hopes she inspires others to give of their time.
“Volunteering is really at the heart of our mission. It’s how we started and it’s really who we are from our very beginning,” Halvorson says.
“They say there’s nothing stronger than the heart of a volunteer.”
National Ever Forward Volunteer Champion
Dedication to that mission is earning Peyton honors as the Society’s National Ever Forward Volunteer Champion. The oldest of three children learned the news when leaders surprised her with a baby goat wearing a special note.
“I broke down in tears. I was so happy,” Peyton says about the gifted goat and the award. “Being the volunteer champion makes me feel very happy.”
Proud of his daughter, Peyton’s dad Derrick Marquart says the goat is more than welcome at the family home. Although he laughs there wasn’t much of a choice as to if they’d keep the pet affectionately named Pickles.
“I don’t cry much and tears started to come out,” he says. “It was eye opening to me how important it is.
“I think she does it just for the satisfaction of seeing joy in other people. You can just see that about her. She’s always doing things to help other people out.”
‘One big happy family’
It’s in her blood. Peyton comes from a long line of caregivers. In addition to her mom and grandma spending time at the Lakota center, her two great aunts and a cousin also work there.
“It’s because of family legacies and family lines like this that we’re able to survive and thrive. I’m forever grateful to Peyton and her family,” Halvorson says.
Great aunts Barb Kjorsvik, a CNA, and Pam Burkland, a restorative nursing aide, each boast more than 30 years of service to the Society.
“Here at the Good Sam we’re just one big happy family,” Kjorsvik says.
Burkland adds there’s “no other job like it for sure. When you visit with the residents, all their knowledge and stories are some of my favorite stories.”
A much-needed registered nurse, second cousin Hayley Ross is proud to carry on the family tradition with Peyton.
“It’s just really nice to see the next generation get involved in the facility and see Peyton show her passion with the residents,” Ross says.
Future nursing assistant
Not set on a future career, Peyton does plan to serve as a CNA during high school.
“When I think about the Good Samaritan Society, I think of people who are helping and being really kind,” Peyton says.
In the meantime, she’ll try to lay low while continuing to volunteer.
“I like to get a little attention but not a lot,” Peyton says laughing.
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Awards & Recognition, Community, Sanford Stories, Senior Services
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