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
BURKE, S.D. – A Nebraska man who died in a single vehicle crash Tuesday evening, 10 miles east of Burke has been identified.
Preliminary crash information from the South Dakota Department of Public Safety indicates Roy Robert Cadwallader, 71, of Stuart, Nebraska, the driver of a 1939 Chevrolet JB Coupe, was traveling eastbound on Highway 18 when the vehicle left the roadway and entered the ditch. The vehicle struck an approach, went airborne, then rolled.
Cadwallander died at the scene.
The crash occurred at approximately 7:24 p.m. Tuesday, June 9 near mile marker 296, about 10 miles east of Burke in Gregory County. Seat belt use remains under investigation, according to the SDDPS.
The South Dakota Highway Patrol is investigating the crash. All information released so far is only preliminary. The Highway Patrol is an agency of the South Dakota Department of Public Safety.
Our newsroom occasionally reports stories under a byline of “Mitchell Republic.” Often, the “Mitchell Republic” byline is used when rewriting basic news briefs that originate from official sources, such as a city press release about a road closure, and which require little or no reporting. At times, this byline is used when a news story includes numerous authors or when the story is formed by aggregating previously reported news from various sources. If outside sources are used, it is noted within the story.
The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at June 13, 2026, results for each game:
Winning Powerball numbers from June 13 drawing
03-13-44-50-53, Powerball: 02, Power Play: 4
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from June 13 drawing
06-13-31-35-48, Star Ball: 07, ASB: 05
Check Lotto America payouts and previous drawings here.
Winning Dakota Cash numbers from June 13 drawing
04-10-18-28-30
Check Dakota Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from June 13 drawing
03-05-11-13-49, Bonus: 01
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.
America is in a race, one that will define global economic leadership for the next decade. China is aggressively
positioning
itself as a center for artificial intelligence development and deployment. The winner will capture enormous competitive advantages in innovation, job creation and geopolitical influence. But there’s a detail often overlooked in this high-stakes competition. None of it happens without reliable critical infrastructure, such as power and data centers.
Winning the AI race is fundamentally about establishing the critical infrastructure that powers innovation. AI systems rely on data centers, and data centers require electricity. If the United States intends to remain competitive, we must be able to build and power that infrastructure efficiently and affordably. That requires thoughtful policy, modernized permitting and a clear commitment to growth.
Data centers are not secondary to the tech economy. They are the foundation. The nation that builds and controls the most advanced, reliable and affordable data center infrastructure will lead in AI development and deployment.
Here in South Dakota, we have the essential components to build this critical infrastructure. Our affordable energy, vast land and strong workforce create the necessary conditions for establishing data center facilities that can compete globally. Tech employment in our state has grown
17 percent
in recent years, outpacing many parts of the country. This is a signal that South Dakota can support and sustain the specialized environment required for advanced infrastructure development.
But having these advantages is not enough. The window of opportunity is finite, and other states are mobilizing their own competitive advantages. If we want South Dakota to be where America builds the critical infrastructure that powers the AI future, we must act decisively. Supporting and enabling this infrastructure development is not a favor to industry. It is imperative for our state and our nation.
Establishing critical data center infrastructure in South Dakota delivers immediate and long-term benefits for our communities. Big Watt alone currently contributes roughly $900,000 a year in kilowatt-hour taxes directly to local schools and could eventually provide more than $160 million annually as future phases come online. Its payroll already totals several million dollars a year, with nearly all staff drawn from within the region. This kind of investment can strengthen schools, support local businesses and create lasting economic opportunity.
Additionally, construction and development of this infrastructure alone can support hundreds of electricians, contractors, engineers and skilled trades workers. These are good-paying jobs that circulate dollars through local businesses. For rural parts of our state, that kind of investment can be transformative.
At Oahe Electric Cooperative, we see how thoughtful planning and load growth can support grid upgrades while protecting affordability for the families and small businesses we serve. We also know South Dakota is already a leader in renewable energy, with 29 wind projects totaling 3,476 megawatts, along with growing solar capacity and grid storage resources. As demand for electricity grows, we are taking on new generation responsibly through an all-of-the-above energy strategy that rests on a reliable foundation of natural gas and coal, accompanied by wind and solar resources. Just as importantly, data centers should be required to pay the upfront costs associated with their onboarding so existing consumers are not left subsidizing the infrastructure needed to support large-scale new load. When planned responsibly, this approach can support grid upgrades and new generation in ways that maintain reliability and protect affordability for South Dakota’s households and small businesses.
The broader significance is strategic. By establishing critical infrastructure for the technology economy, South Dakota positions itself as essential to American competitiveness. We attract complementary investment, develop specialized workforce expertise and build advantages that strengthen our state’s position in the global economy for decades. If our policies create uncertainty or make infrastructure development
financially unworkable
, capital will flow to other states where the path is clearer and the commitment is stronger. We must transform from a state watching the technology race to a state where the race is won.
Our state must act now to establish the critical infrastructure that will power American innovation for the next decade. This is our moment to position South Dakota as essential to winning the technology race. With practical regulations and a clear commitment to supporting data center infrastructure development, we can ensure that South Dakota is where America builds the advanced infrastructure that leads the world in artificial intelligence. The technology shaping the global economy will be powered by the infrastructure we build today. South Dakota can be that foundation.
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