"This overwhelming level of support is a clear reflection that landowners view the project as safe and critical to supporting the region’s most important industries – agriculture, ethanol and energy." "After completing thousands of one-on-one meetings and more than 100 public meetings, Summit Carbon Solutions is incredibly encouraged by the response we have received from farmers and other landowners across the Midwest," Satterfield said. In a statement, Summit Director of Regulatory Affairs John Satterfield confirmed landowners received letters concerning their claim to eminent domain, calling it their "next step" in acquiring easement rights. More: Carbon pipelines clear legislative hurdles after South Dakota Senate kills 2 bills "We need to really do something within our legislature to get this to stop, because it's not fair to land owners." Before a permit was granted, months before the hearings even started, they sued us for eminent domain and condemnation as well," Hohn said. They did the same thing to us when Dakota Access went through. "We experienced the same type of intimidation and heavy handedness … under the Dakota Access pipeline. South Dakota Public Utilities Commission voted in January to push Summit's permit hearing to September. The pipeline is expected to run through 477.91 miles of land in the state. Summit has yet to receive a permit to build its $4.5 billion Midwest Carbon Express pipeline in South Dakota. "And then I go and find out on Tuesday morning that they're filing eminent domain on me. We want to keep the lines of communication open.' They stressed that," Braun told the Argus Leader. "They said, 'We want to keep talking to you. It was something the engineers failed to mention during the visit, since he didn't find out until the next day, when his attorney told him. Yet, while Braun was hosting Summit Carbon Solution engineers at his Spink County farmstead, the carbon company's legal team was busy filing their lawsuit against the landowner. He had already cooperated with them throughout the last year to perform land surveys, but he has major reservations about letting them build near his home or his feedlot. In Braun's case, he last let Summit's engineers into his home on April 24. And it is a significant amount that will, no doubt, be growing, not shrinking," Jorde said. "It's significant in that it shows how unpopular this project is and how poor this company has handled itself in dealing with people. The letters were a "final offer" for landowners to partner with the company and indicated intent to impose eminent domain if an agreement couldn't be reached.īrian Jorde, a lawyer with Nebraska-based Domina Law Group, told the Argus Leader on Monday he predicts this is only the first batch of filings. In mid-April, Summit started circulating letters to landowners who had not signed an easement agreement with the company. The documents show that Summit holds itself out as a public carrier and is petitioning the courts to allow the company to exercise its "privilege" of eminent domain. The Argus Leader obtained a copy of Summit's verified petition from one of the landowners being sued. More: Lincoln County carbon pipeline battle leads to recommendation of a CO2 committee "Is this the type of company we want coming through South Dakota?" And that this is the type of company we are going to be dealing with," Hohn told Argus Leader.
"Basically, it should send a message to South Dakota. Joy Hohn, a landowner advocate, said she was alarmed to see so many landowners named in the court dockets. The majority of the pending cases were brought on April 24. Summit has initiated more than 80 lawsuits against landowners in Beadle, Brown, Codington, Edmunds, Hand, Kingsbury, Lake, McPherson and Spink counties, court records show. Leroy Braun never thought he would be sued, because he didn't want a pipeline running through the land he owns.īut as of Friday, Braun is one of many South Dakota landowners being taken to court by Summit Carbon Solutions, a CO2 carbon capture company.
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