South Dakota

North Dakota Supreme Court sides with Summit in landowner dispute • Iowa Capital Dispatch

Published

2 years ago

May 30, 2024

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.”

Attorney Brian Jorde argues Dec. 18, 2023, to the North Dakota Supreme Court on behalf of landowners in a case involving the state’s survey access law. (Photo by Kyle Martin for the North Dakota Monitor)

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.

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This story was originally published by North Dakota Monitor, which is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. North Dakota Monitor maintains editorial independence. Contact Editor Amy Dalrymple for questions: [email protected]. Follow North Dakota Monitor on Facebook and Twitter.

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South Dakota

SD Lottery Millionaire for Life winning numbers for March 5, 2026

Published

1 hour ago

March 6, 2026

Press Room

The South Dakota Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 5, 2026, results for each game:

Winning Millionaire for Life numbers from March 5 drawing

17-20-23-30-33, Bonus: 05

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
Mega Millions: 10 p.m. CT on Tuesday and Friday.
Lucky for Life: 9:38 p.m. CT daily.
Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
Millionaire for Life: 10:15 p.m. CT daily.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.

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South Dakota

DOE selects nine school districts for 2026 South Dakota Perkins Reserve grant

Published

14 hours ago

March 5, 2026

Press Room

DOE selects nine school districts for 2026 South Dakota Perkins Reserve grant

SIOUX FALLS, S.D. (Dakota News Now) – Nine school districts have been selected as recipients of the 2026 Perkins Reserve Grant by the South Dakota Department of Education.

The grant provides major equipment upgrades for Career and Technical Education programs, helping to equip students with the skills and experiences needed for post-secondary education and the workforce.

“CTE programs are constantly evolving to match the pace of workforce needs,” said Secretary of Education Dr. Joseph Graves.

“The South Dakota Perkins Reserve Grant aids schools in equipping students with current technologies, resources, and tools, offering students a realistic, hands-on learning experience that will strengthen their marketability to colleges or employers once they leave the K-12 education system.”

The following school districts have been named as the 2026 recipients:

Aberdeen School District:
- Awarded $30,233 for new precision machine equipment for the manufacturing program.
De Smet School District:
- Awarded $15,898 for modernizing metal fabrication within agriculture programs.
Lake Preston School District:
- Awarded $43,160 for expansion of program offers in multiple career clusters to strengthen industrial alignment.
McLaughlin School District:
- Awarded $11,997 to purchase equipment to offer a new culinary arts program.
Menno School District:
- Awarded $32,844 to purchase small engines and attend professional development opportunities to enhance the agricultural mechanics program.
Mitchell School District:
- Awarded $38,663 for the modernization of the automotive technology lab.
Timber Lake School District:
- Awarded $42,400 for the expansion of agriculture course offerings to strengthen industry alignment.
Wakpala School District:
- Awarded $40,145 to purchase a skid steer simulator to enhance the agriculture and construction program.
Wolsey-Wessington School District:
- Awarded $26,201 to purchase industry-aligned equipment to enhance the agriculture and construction program.

You can learn more about the South Dakota Perkins Reserve Grant at doe.sd.gov.

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South Dakota

SD Lottery Powerball, Lotto America winning numbers for March 4, 2026

Published

1 day ago

March 5, 2026

Press Room

The South Dakota Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 4, 2026, results for each game:

Winning Powerball numbers from March 4 drawing

07-14-42-47-56, Powerball: 06, Power Play: 4

Check Powerball payouts and previous drawings here.

Winning Lotto America numbers from March 4 drawing

33-38-39-47-51, Star Ball: 07, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Dakota Cash numbers from March 4 drawing

02-18-22-30-32

Check Dakota Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from March 4 drawing

12-13-36-39-58, Bonus: 03

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
Mega Millions: 10 p.m. CT on Tuesday and Friday.
Lucky for Life: 9:38 p.m. CT daily.
Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
Millionaire for Life: 10:15 p.m. CT daily.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.

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