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
ND Emergency Services receives wildfire prevention award
WASHINGTON — The North Dakota Department of Emergency Services has been recognized for its wildfire prevention efforts with a national Bronze Smokey Bear Award.
“These awardees demonstrate what fire prevention looks like in action,” said U.S. Forest Service Deputy Chief Sarah Fisher. “Their efforts protect lives, support firefighters and make a real difference in communities across the country.”
May is Wildfire Awareness Month, and with North Dakota experiencing another active spring wildfire season, each fire prevented is one that local responders don’t have to put out, underscoring the importance of each individual’s responsibility to work and recreate safely outdoors. The award to the N.D. Department of Emergency Services (NDDES) recognizes its efforts in communicating just that.
The communications team is led by Strategic Communications Chief Alison Vetter and is supported by Autonomous Systems and Communications Specialist Clint Fleckenstein.
According to information from the Forest Service, the team’s creative products are visually appealing, engaging and effective. The “Learn Before You Burn” tagline urges North Dakotans to visit the interactive N.D. Fire Declarations and Burn Restrictions map to learn their local restrictions, fire danger and red flag warnings before burning or recreating outdoors. Vetter and Fleckenstein consistently take initiative to address fire prevention issues proactively and go above and beyond to become the best possible storytellers of wildfire prevention messaging.
Alison Vetter
Their statewide efforts identify unique and effective avenues to communicate these important public safety topics, addressing top human-caused fire causes like open burning and equipment use through reels, interviews, Gas Station TV, visits with local students, and GoodHealthTV kiosks found in local health units, schools and other public buildings.
During the historic October 2024 wildfires, NDDES mobilized the Joint Information Center, responding to the elevated need for education, prevention and response to determine messaging needs in real time. This included topics like publicizing daily fire danger, sharing resources for affected landowners, advocating for defensible space and safety tips, and messaging ways to minimize fire risk when harvesting, hunting, or enjoying the outdoors. Alison and her team worked over the winter of 2024-2025 to identify prevention efforts and causes, and crafted effective communications strategies to reduce wildfire occurrence, which proved necessary into an active spring 2025 fire season as well. After the devastation of the October 2024 wildfires, they created a documentary to highlight the value and appreciation for those who responded to the call and showcase the unique way North Dakota communities show up for one another in crisis.
The 2026 Smokey Bear Awards will be presented at the National Association of State Foresters’ annual meeting in Lexington, Kentucky, in September.
North Dakota
Armstrong directs flags at half-staff Thursday in observance of Peace Officers Memorial Day
BISMARCK, N.D. – Gov. Kelly Armstrong has directed all government agencies to fly the United States and North Dakota flags at half-staff on Thursday, May 14, and encourages North Dakotans to do the same at their homes and businesses, in observance of national Peace Officers Memorial Day.
The governor’s directive is in accordance with a proclamation issued by President Donald Trump, who also proclaimed May 10-16 as national Police Week.
Armstrong will join North Dakota Attorney General Drew Wrigley and Supreme Court Chief Justice Lisa Fair McEvers in delivering remarks during a North Dakota Peace Officers Memorial Service at 7 p.m. Thursday in Memorial Hall of the State Capitol. North Dakota’s 69 fallen peace officers will be remembered and honored during the service, and the Capitol windows will be lit to display a “Thin Blue Line” as a mark of respect for all law enforcement officers, past and present.
North Dakota
Judge Todd Cresap to retire
MINOT, N.D. (KMOT) – Todd Cresap, who has served as a North Dakota district judge since 2009, announced he will retire in July.
Cresap wrote a letter to Gov. Kelly Armstrong, R-ND, he would retire effective July 17.
In the letter, Cresap said he had ‘mixed emotions’ over the decision, calling it an ‘honor’ to serve, but said it was time for someone ‘with a new perspective’ to serve.
A Valley City native, Cresap studied at Minot State University and the University of North Dakota.
Then-Gov. John Hoeven appointed Cresap to fill a judgeship in the Northwest Judicial District in 2009 that was created by the legislature. He served in that district until 2014, when it was split into Northwest and North Central.
Voters elected Cresap to the bench in 2012, 2016, and 2022. He served as a lawyer in private practice before his appointment as judge.
Armstrong can appoint a replacement to fill Cresap’s remaining term from a nominating committee’s list, ask the committee for new candidates, or call a special election.
The North Central District covers Ward, Mountrail, and Burke Counties.
Copyright 2026 KFYR. All rights reserved.
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