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
Runners will soon trek across North Dakota to bring awareness for families grieving the loss of a child – KVRR Local News
FARGO, N.D. (KVRR) — For more than 400 miles, 12 runners will trek across North Dakota to carry the stories of love, loss, and resilience from community to community.
“After having run Haven since 2017, the 10.15 Project came, and it just is so exciting because it’s really looking at pregnancy and infant loss and putting it in a new light. And really giving people the opportunity to do something that you can see and it’s meaningful,” said Jen Burgard, Founder and Executive Director of Haven.
The 10.15 Project was co-founded by Haven, an organization that supports grieving families. The relay begins on International Pregnancy and Infant Loss Remembrance Day. And during the four days, the team hopes to bring awareness to families.
“It gives you pieces of solitude, of quiet, of reflection, and also a purpose. It gives you meaning, and I think endurance is one of the biggest pieces of this. It’s the endurance required to navigate pregnancy and infant loss is extreme. And I think this really mirrors that,” said Burgard.
While many of the runners come from different fields, many have also experienced a loss themselves.
“When it happened in my family, it was kind of something we were all struck by. You realize how common it is. And you know, I want to bring light to that,” said Ty Casey, Runner and Learning and Development Specialist at TrueNorth Steel.
Casey has multiple runs planned over the next few months, but with this run in particular, he hopes this will bring awareness.
“If this is one thing that can help bring light to it and help people be more open and help people to talk about it, and take some of the grief away that would be totally ideal for us just to help out a little bit,” said Casey.
The relay begins on October 15 in Medora and will end on October 18th in Fargo.
Spring Fever
District Game Warden Sam Feldmann
As winter begins to fade and ice fishing begins to slow, everyone gets the itch to be outside on nice days when it’s warming and the sun is shining. People are beginning to think about their garden or outdoor projects around the house they have been pondering all winter.
While others have been thinking about open water fishing, getting the boat ready, hitting the field to look for shed antlers in a favorite spot they’ve been watching deer all winter, or slipping into the field to lure a spring gobbler into shotgun range with a new call they’ve been practicing with all winter.
With the excitement of warm weather and getting out to enjoy everything a spring day has to offer, I would like to remind everyone of a few things while enjoying what North Dakota has to offer.
This year is a registration year for all motorized watercrafts. This doesn’t just mean you have to renew your registration. It means that when you get the new red stickers sporting “28” on them that they must be affixed to both sides of the bow of the boat.
Another reminder is that if you are going shed hunting, there are a few things to remember. Shed antlers are legal to possess. This time of year, our officers receive lots of calls about shed hunters locating “dead heads,” which are animals that have died and the antlers are still attached to the skull plate.
If you happen to locate a dead head, you cannot possess it without contacting your local game warden and receiving a permit for the animal. Also, if you are going to shed hunt on posted private property or a Private Lands Opens To Sportsmen tract, you need to obtain permission to do so. Wildlife management areas and other state and federal lands are open to shed hunting, but a good rule of thumb is to check the regulations on public property before heading out.
If you are going to be chasing turkeys this spring through the timber, there are a few things that should be remembered. Make sure you have your tag with you when you are in the field. Remember that your tag is only legal for one bearded wild turkey. If you are lucky enough to harvest a turkey you fooled into coming to your calling and decoy, you must tag it before doing anything else.
One last reminder for the spring activities. Remember that all licenses, whether it’s a hunting license or fishing license, expired March 31 and needed to be renewed as of April 1, 2026
With these few reminders out of the way, remember to have fun and enjoy what the great state of North Dakota has to offer.
MANDAN, N.D. (KVRR-KFGO) – Former North Dakota Game & Fish Director Terry Steinwand has been charged with molesting a child.
The Class “A” misdemeanor was filed after a Morton County District Court judge rejected a proposed plea agreement to a felony charge and prosecutors dismissed the charge while retaining the right to file an amended charge.
Steinwand is from Mandan. The 72-year-old is now charged with one count of sexual assault-offensive contact. The charge carries a maximum sentence of one year in jail.
Steinwand was originally charged in September, 2025, when police say he admitted to sexual misconduct.
Steinwand worked for the Game & Fish Dept. for 40 years. He led the agency for about 15 years and retired in 2021.
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