South Dakota
North Dakota Supreme Court sides with Summit in landowner dispute • Iowa Capital Dispatch
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.
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.”
Jorde said he would continue to analyze the ruling and determine next steps in the coming weeks.
Jorde’s Domina Law firm 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.
FILE_0315
RAPID CITY, S.D. (KOTA) – Students at South Dakota Mines heard Wednesday from retired four-star general Maryanne Miller about her journey to the highest ranks of the U.S. military.
Miller is a retired four-star U.S. Air Force general. She is the only member of the Air Force Reserve ever to be promoted to this level.
She spoke about finding greatness and living a life of fulfillment. Her stories came from her time in the Air Force and as a volunteer for Saint Teresa of Calcutta’s Missionaries of Charity.
“We so much get focused on what is our next step in life, what’s the next career move, how do we make ourselves better in our career, and we forget about how do we make ourselves better as a human being,” Miller said. “Because they have to go tandem. If it’s not tandem, you’re going to get off track.”
Miller was commissioned in 1981 and rose through the ranks before becoming a four-star general in 2018. She was the only woman serving as a four-star officer in the military at the time. She retired in 2020 after serving for almost 40 years.
See a spelling or grammatical error in our story? Please click here to report it.
Do you have a photo or video of a breaking news story? Send it to us here with a brief description.
Copyright 2026 KOTA. All rights reserved.
South Dakota
USDA to offer distaster assistance to South Dakota agriculture producers impacted by winter storms
SIOUX FALLS, S.D. (Dakota News Now) – The U.S. Department of Agriculture is offering financial and technical assistance to South Dakota farmers and livestock producers who may have been impacted by the recent winter storms.
“I encourage impacted producers to contact their local USDA Service Center to report losses and learn more about program options available to assist in their recovery from crop, land, infrastructure, and livestock losses and damages.” said Richard Fordyce, Production and Conservation Under Secretary.
FSA’s Emergency Conservation Program and Emergency Forest Restoration Program can assist landowners with financial assistance to restore damaged land and conservation structures or forests.
“Our staff will work one-on-one with landowners to make assessments of the damages and develop methods that focus on effective recovery of the land.” said Jessica Michalski, Acting NRCS State Conservationist in South Dakota.
For more information about the disaster assistance program, click here.
Copyright 2026 Dakota News Now. All rights reserved.
South Dakota Gov. Larry Rhoden, left, and Lt. Gov. Tony Venhuizen unveil a plaque for retired U.S. Navy Capt. E. Royce Williams in the Hall of Honor at the Capitol in Pierre on March 25, 2026. (Photo by Meghan O’Brien/South Dakota Searchlight)
PIERRE, S.D. (South Dakota Searchlight) — There’s a new name in the South Dakota Hall of Honor at the state Capitol building.
One-hundred-year-old South Dakota native and retired U.S. Navy Capt. E. Royce Williams was celebrated at a Wednesday ceremony where a plaque honoring him was unveiled, although Williams did not attend.
“In spite of being outnumbered and facing incredible danger, Captain Williams engaged the enemy with courage and skill,” said Republican Gov. Larry Rhoden. “Our state has always had a strong tradition of service, and Captain Williams is the very best of that tradition.”
President Donald Trump awarded Williams the Medal of Honor, the country’s highest military honor, at the State of the Union address earlier this year. The medal honors actions by Williams that had been classified for decades.
“His story was secret for over 50 years, he didn’t even want to tell his wife, but the legend grew and grew,” Trump said during the speech in February. “But tonight, at 100 years old, this brave Navy captain is finally getting the recognition he deserves.”
On Nov. 18, 1952, over Korean coastal waters during the Korean War, then-Lt. Williams, from Wilmot, South Dakota, led three F9F Panthers against seven Soviet MiG-15s. He disabled three enemy jets and damaged a fourth.
The Soviet jets, according to the U.S. Naval Institute, were “superior to the F9F in almost every fashion.” The mission was the only direct overwater combat between U.S. Navy fighters and Soviet fighters during the Cold War.
Williams, one of 11 Medal of Honor recipients from South Dakota, now lives in California. The Hall of Honor at the South Dakota Capitol is located in the hallway that visitors enter immediately after going through security.
Search for missing kangaroo in central Wisconsin captures online attention
No. 17 West Virginia Travels to Face No. 22 Arizona State in Top-25 Weekend Series
Outdoor Fun Awaits At Local Parks With Izaak Walton League’s Hiking Series From April To September
Kalshi Approved for Margin Trading After Affiliate Kinetic Markets Gets FCM Registration
Coalition urges lawmakers to advance South Carolina Financial Freedom Act
Florida High School Football Rankings: Top 25 teams – Oct. 21
How old is Bo Nix? What to know about Oregon quarterback ahead of 2024 NFL Draft
Cleary's 21 help Le Moyne down Central Connecticut State 69-64 in OT
99th annual Pony Swim held in Virginia
Indiana Members Credit Union announced as new anchor tenant at Bottleworks District
WATCH: Senate hearing goes silent after Angel Father confronts top Dem over daughter’s death
US diplomat Marco Rubio denounces settler violence, tolls in Hormuz strait
Iran-linked hackers have breached FBI Director Kash Patel’s personal emails | CNN Politics
Live: CPAC 2026 Day 2
Video: Will ICE Change Under Its New Leader?
-
Detroit, MI1 week agoDrummer Brian Pastoria, longtime Detroit music advocate, dies at 68
-
Movie Reviews1 week ago‘Youth’ Twitter review: Ken Karunaas impresses audiences; Suraj Venjaramoodu adds charm; music wins praise | – The Times of India
-
Sports6 days agoIOC addresses execution of 19-year-old Iranian wrestler Saleh Mohammadi
-
New Mexico5 days agoClovis shooting leaves one dead, four injured
-
Business1 week agoDisney’s new CEO says his focus is on storytelling and creativity
-
Technology5 days agoYouTube job scam text: How to spot it fast
-
Tennessee4 days agoTennessee Police Investigating Alleged Assault Involving ‘Reacher’ Star Alan Ritchson
-
Texas1 week agoHow to buy Houston vs. Texas A&M 2026 March Madness tickets