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) – A suspicious package prompted a precautionary evacuation in Keystone Friday evening before authorities determined the scene was safe.
According to the Pennington County Sheriff’s Office, deputies responded around 7:30 p.m. July 3 to a report of a suspicious package in the parking lot of a business in Keystone.
Based on information available at the scene, deputies evacuated the immediate area as a precaution while the package was investigated.
The South Dakota Division of Criminal Investigation Bomb Squad responded and safely evaluated the package. After technicians determined there was no threat, the area was reopened.
The sheriff’s office thanked those who were evacuated for their patience and cooperation during the incident.
Responding agencies included the Pennington County Sheriff’s Office, South Dakota Highway Patrol, South Dakota Division of Criminal Investigation and Pennington County Search and Rescue.
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The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 3, 2026, results for each game:
Winning Mega Millions numbers from July 3 drawing
05-09-29-47-57, Mega Ball: 16
Check Mega Millions payouts and previous drawings here.
Winning Millionaire for Life numbers from July 3 drawing
07-08-24-42-47, 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.
How Fourth of July became a celebration of history and hope
From revolution to massive fireworks, July Fourth evolved into a celebration of history, heritage and America’s values.
President Donald Trump will kick off Independence Day weekend with a speech at Mount Rushmore beneath busts of four of his predecessors.
As part of a day of festivities tied to the nation’s 250th anniversary, the president will address visitors to the South Dakota landmark in a keynote address on Friday, July 3. at approximately 8:30 p.m. MT/10:30 p.m. ET according to the schedule released by the White House.
After the president’s remarks, the night will end with a massive fireworks display. It will be Mount Rushmore’s first time hosting a July 3 fireworks display since 2020, which Trump also attended during his first term in office.
Earlier in the day, there will be a slew of activities and programming on site for visitors before the evening festivities. The National Park Service and the state are coordinating the celebration, and a ticket lottery to attend has already closed.
Here’s what to know about the timing of the Mount Rushmore celebrations and how to tune in.
What will be at the Mount Rushmore July 3 event?
The event on July Fourth eve will feature myriad exhibits, reenactors and interactive experiences throughout the day, according to Freedom 250, the group working with Trump’s administration to coordinate the weekend’s events.
At night, it will transition into a tribute to the Armed Forces, including military bands, aviation flyovers and precision drill demonstrations, the group said.
After, South Dakota Gov. Larry Rhoden and Interior Secretary Doug Burgum will take the stage to introduce Trump.
Following the president’s remarks, the event will conclude with the fireworks show.
What time is Trump speaking at Mount Rushmore? See schedule
Trump is expected to deliver his Mount Rushmore address at 8:30 p.m. MT (10:30 p.m. ET), according to the White House, though organizers have not yet released a detailed event schedule.
However, the day’s programming is set to run from 4-10 p.m. local time, according to the National Park Service.
The fireworks, which will close out the event, are expected to begin around 9:30 p.m. local time, according to the Sioux Falls Argus Leader, part of the USA TODAY Network.
Where to watch Trump’s speech at Mount Rushmore
The Mount Rushmore event will be streamed live on Travel South Dakota’s website.
Melina Khan is a national trending reporter for USA TODAY. Keep up with her on X @melinakh and Instagram @bymelinakhan.
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