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Iowa Supreme Court upholds land survey abilities of pipeline companies in Summit case • South Dakota Searchlight

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Iowa Supreme Court upholds land survey abilities of pipeline companies in Summit case • South Dakota Searchlight


The Iowa Supreme Court affirmed a lower court’s decision that Summit Carbon Solutions is allowed temporary access to properties for surveying, because it is a pipeline company that would be transporting a hazardous liquid.

The case involved Kent Kasischke, a Hardin County landowner who refused to let Summit surveyors on his land to survey for their proposed pipeline that would transport carbon dioxide, primarily sequestered from ethanol plants, to underground storage in North Dakota. The pipeline route includes South Dakota.

The Iowa Supreme Court heard oral arguments on the case in early October.

Kasischke argued Iowa Code section 479B.15, which allows a pipeline company to enter private land to survey, was unconstitutional because the invasion of property required compensation.

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Justice Thomas Waterman, who issued the court’s decision, said Kasischke’s argument “fails.”

“He has no right to exclude the surveyor because section 479B.15 is a lawful pre-existing limitation on his title to the land,” the decision said.

Carbon pipeline company reapplies for South Dakota permit

According to the decision, this is consistent with rulings in “at least four” district courts, including the Iowa District Court for Hardin County that originally ruled in the case, and with Supreme Court decisions in North Dakota and South Dakota.

The decision in South Dakota, while it upheld the constitutionality of a similar statute in the state, was touted as win by those opposed to the pipeline because it said the company must prove it is a common carrier and said surveying was only constitutional if they were “minimally invasive superficial inspections that, at most, cause minor soil disturbances.”

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A press release from the Iowa Easement Team and Bold Alliance, groups opposed to the pipeline that supported Kasischke, and his attorney, Brian Jorde, said the Friday Iowa Supreme Court’s decision “sidesteps” questions around surveying.

“Right now Iowa has no guardrails as to the level of invasive activity a pipeline company can do to private property as they can claim anything they want to do falls under ‘survey’ or ‘examination,’” the press release said.

Jorde, who has represented numerous landowners in cases against Summit, said “we will have to go back to the Court” to address the limitations, with a hope that Iowans will be granted the “same protections” as South Dakotans.

As part of its ruling, the Iowa Supreme Court affirmed the district court’s decision that Summit Carbon Solutions is a pipeline company and fits the definition under Iowa Code by transporting a hazardous liquid.

Kasischke argued the supercritical carbon dioxide that would be transported in the pipeline was not a liquid.

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Waterman’s written decision said the court relied on testimony from the district court trial for its decision, though he noted that since the district court trial, the Iowa Utilities Commission (then the Iowa Utilities Board) “determined that supercritical carbon dioxide is a liquefied carbon dioxide.”

The CEO of Summit Carbon Solutions, Lee Blank, said in a statement Friday the Iowa Supreme Court’s decision was a “win for infrastructure projects across the state and the nation.”

“It underscores the importance of balancing landowner rights with the need to advance critical infrastructure that benefits communities, agriculture, and the broader economy,” Blank said.

The press release said the ruling “confirms” the company has met “all statutory requirements” and it supports infrastructure “vital to enhancing economic competitiveness and ensuring energy and agricultural sustainability.”

Opponents of the pipeline project said in their press release, the ruling “did not conclude” the proposed 2,500 mile pipeline is a public use, nor that the company is a common carrier.

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However, Summit was granted use of eminent domain in August when the Iowa Utilities Commission approved its permit.

A final element of the case was whether or not Kasischke had a tenant on the property who would have impacted Summits’ efforts to provide adequate notice of their plans to survey his property.

Waterman wrote the court agreed with the district court’s credibility analysis calling Kasischke’s testimony on the issue “evasive and not credible.”

Jorde and the Iowa Easement Team called this “puzzling and disappointing, but a minor issue to the appeal.”

The Iowa justices affirmed that Summit complied with notice requirements and the district court’s ruling and injunction.

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Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: [email protected]. Follow Iowa Capital Dispatch on Facebook and X.



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Your next can of Coke might have Mount Rushmore on it

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Your next can of Coke might have Mount Rushmore on it


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Check your next can of Coke, it might have a South Dakota landmark on it.

Coca-Cola has launched cans of its iconic drinks specific to each state. These will also include Puerto Rico and Washington, D.C. as a way to celebrate America’s 250th birthday. South Dakota’s can features Mount Rushmore.

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The Atlanta-based beverage company, like the country itself, is gearing up to celebrate close to three centuries of independence this July 4 with the release of America250 collectible mini cans.

From Georgia’s peach to California’s surfer culture, each mini-can “highlights iconic local symbols” of each one of the 50 states, as well as Puerto Rico and the District of Columbia.

According to the Coca-Cola Company, the America250 packaging also connects consumers to “interactive experiences.”

The campaign is anchored by “Drink in America,” a new creative anthem that celebrates the spirit of American communities.

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“For nearly 140 years, Coca‑Cola has been part of the American experience,” Stacy Jackson, Vice President of Coca‑Cola Trademark, North America, said in a statement. “… Our goal is to uplift Americans throughout every zip code and create optimism for the future.”

Here’s what to know about Coca-Cola’s collectible America250 mini cans, including where to get them.

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Coca-Cola has dubbed the new collection of limited-edition America250 packaging, which includes custom bottles and America250 collectible mini cans, “the center of the celebration.”

Each mini can features a design “unique” to each of the 50 states, plus Puerto Rico and the District of Columbia.

Fans can unlock prizes and rewards, including the opportunity to win a new Jeep and other experiences inspired by exploring the country, by scanning participating products with America250 packaging.

Additional Coca-Cola brands like Vitaminwater, Smartwater, BodyArmor, and Gold Peak will also don commemorative packaging.

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According to the Coca-Cola Company, the collectible mini cans will be available for purchase at major retailers, including Walmart and Target nationwide, starting this month. In addition to the minicans, Coca-Cola also plans to roll out custom bottles.

Coca-Cola confirmed to USA TODAY that regular Coke, Coke Zero and Diet Coke will have the America250 artwork on the minicans.

In addition to limited-edition packaging and “creative storytelling,” the America250 signature partner plans to rack up 250,000 volunteer hours in 2026 and will be launching “Paint the Nation,” a large-scale public art initiative.

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Coca-Cola will keep the celebration going throughout 2026, with “brand presence” at major events, including the NASCAR Coca‑Cola 600 and the PGA Tour Championship.

According to the Coca-Cola Company, the “collaboration reflects both the Company’s deep roots in American culture and its ongoing commitment to bringing people together in meaningful ways.”

This story has been updated to add new information.



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SD’s longest bridge gets $65M for replacement

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SD’s longest bridge gets M for replacement


SIOUX FALLS, S.D. (KELO) — South Dakota’s longest bridge has received $65 million in federal funding for a replacement project scheduled to begin later this year.

The Federal Highway Administration awarded the South Dakota Department of Transportation a $65 million grant through the Competitive Highway Bridge Program for the S.D. Highway 44 Platte‑Winner Bridge replacement project

SDDOT Director of Operations, Craig Smith said the project they will most likely start the project this year.

“Now that we’ve got some of the answers on the funding, we’re looking at letting the project, late this year, but we wouldn’t really expect much for construction until the year 2027 until you would really see any activity out on the project.”

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SDDOT said its Major Bridge Investment Study recommended replacing the existing Highway 44 bridge over the Missouri River, citing ongoing issues along the current alignment. The roadway has experienced multiple landslides, resulting in millions of dollars in repair and mitigation costs since the bridge opened to traffic in 1966.

The Platte‑Winner Bridge is the longest bridge in South Dakota, spanning 5,655 feet across the Missouri River. The replacement project will widen the roadway by eight feet. Two 12‑foot lanes will remain, while shoulder widths will increase from two feet to six feet.

Construction has not yet begun. Once the new bridge is completed and traffic is shifted, the existing bridge will be demolished.

The estimated total cost of the Platte‑Winner Bridge replacement project exceeds $200 million.

The Highway 44 Platte‑Winner Bridge is one of nine bridges crossing the Missouri River in South Dakota. Without it, the nearest crossings would require detours of more than 50 miles.

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“The Platte‑Winner Bridge is one of six Missouri River bridges on the state’s transportation system that has reached the end of its useful life and needs to be replaced,” said Transportation Secretary Joel Jundt. “The Fort Pierre‑Pierre Bridge was recently replaced, and the Platte‑Winner Bridge is next. This funding is greatly appreciated and provides the necessary resources to construct this critical structure.”

SDDOT said construction activity may result in lane closures with alternating one‑way traffic or short, temporary stops to allow construction equipment to move. Officials said disruptions will be temporary and timed to minimize impacts on drivers.

South Dakota previously received $25 million for the project through Congressional Directed Spending.



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Calendar quirk and law change have South Dakota election officials worried about deadlines

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Calendar quirk and law change have South Dakota election officials worried about deadlines


Absentee voting is available on the third floor of the Minnehaha County building in downtown Sioux Falls, South Dakota, ahead of the city and school board election on April 9, 2024. (Photo by Makenzie Huber/South Dakota Searchlight)

By:Makenzie Huber

PIERRE, S.D. (South Dakota Searchlight) – Election officials in South Dakota are worried about a possible delayed start for early and absentee voting as they rush to prepare ballots for the June 2 primary, and they’re also navigating changes to registration requirements signed into law by Gov. Larry Rhoden last month.

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Lincoln County Auditor Sheri Lund said South Dakota voters should check their registration status and party affiliation as soon as possible. New voters should register soon as well, in case there are processing delays because of missing documentation required by a new law.

The new law, which went into effect on March 26, requires new voters to provide documentation of their U.S. citizenship with a driver’s license or identification card issued after July 1, 2025, a tribal ID, or a legible photocopy of a birth certificate, U.S. passport, consular report of birth abroad from the U.S. Department of State, or certificate of naturalization.

“If you’re a first-time registering voter in South Dakota, do not procrastinate,” Lund said. “Do it now, and make sure it goes through the right way.”

Kayla Delfs, election coordinator with the Lincoln County Auditor’s Office, said the office had received 10 voter registration applications as of March 7 that were missing the necessary documentation to prove U.S. citizenship as required by the new law.

One person emailed proof of citizenship, but Delfs said she has not received documentation yet from the others after mailing notification of the problem to them. Those voters will be registered as federal only voters until they provide proper documentation — a new voter status signed into law in 2025. Federal only voters can vote in presidential and congressional races, not state and local races.

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Pennington County Auditor Sabrina Green expects problems with missing U.S. citizenship documentation to dwindle over the next several years, as South Dakota driver’s licenses and identification cards expire and get renewed. Last July, the state began requiring newly issued cards to display the licensee’s citizenship status.

As county auditors and their staffs work to inform new voters of the changes, they’re also grappling with a quickly approaching start to early and absentee voting.

Prospective candidates from political parties had to file nominating petitions by the last Tuesday in March to make the ballot for the June 2 primary. Through a quirk of the calendar, that fell on March 31 this year, which shortened the time between the filing of those petitions and the printing of ballots for early and absentee voting.

Lawmakers this year reacted to complaints about that by changing the nominating petition deadline to the third Tuesday in March. But they were concerned about changing the deadline for a petition process that was already underway, so they made the change effective for future elections, not the current one.

Early and absentee voting for the primary election begins on April 17. On Tuesday, the Secretary of State’s Office drew the order in which candidates will appear on ballots, giving county auditors eight business days to prepare, proofread and order ballots.

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Green said her office will alert county residents if early voting is delayed, adding that she is “nervous” about the approaching deadline.

“I would rather our ballots are done correctly, proofed and without errors instead of rushing to meet the deadline,” Green said.

Early and absentee voting is required by state statute to begin “no later” than 46 days before the election, and ballots must be printed 48 days before. Auditors considered allowing voters to use sample ballots, like they’re allowed to on Election Day if a polling place runs out of ballots, but auditors decided against it, Delfs said.

“We’ve got our hands tied,” Delfs said. “What law do we break here?”

Lund said it’ll be a “hard push” to ensure early voting starts on time, but she is hopeful it will. The Secretary of State’s Office is allowing auditors to order early and absentee ballots separately from their Election Day ballots, which will speed up the process because there will be fewer ballots to print and ship so soon.

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“I have my fingers crossed,” Lund said.



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