SD Landowners oppose company’s lawsuit claiming ‘right’ to eminent domain.

South Dakota Landowners Fight Back Against Eminent Domain Lawsuit

More than 80 South Dakota landowners are currently embroiled in a legal battle against a company that is asserting its “right” to eminent domain. Summit Carbon Solutions, a carbon emissions reduction company, filed a lawsuit in late April to gain access to the land needed for its $4.5 billion carbon capture pipeline. The company had previously sent threatening letters to the landowners, stating that they would use eminent domain if the landowners did not agree to sell their easements.

The proposed pipeline, which aims to reduce carbon emissions from ethanol plants, would span across 18 counties in South Dakota, as well as Iowa, Minnesota, Nebraska, and North Dakota.

Summit Carbon Solutions is suing so many South Dakota landowners with eminent domain condemnation lawsuits for their private carbon pipeline that searching “Summit Carbon Solutions” lawsuits overwhelms the state court system’s search function with “too many matches found.” https://t.co/y9S7G0gauW pic.twitter.com/1dneSDlpSH

— Rep. Jon Hansen (@RepJonHansen) July 13, 2023

Landowners had previously sued the company last July to prevent them from surveying their land without permission. However, a court ruling in April allowed the company to conduct surveys without the landowners’ consent. The ruling coincided with the issuance of the eminent domain threat letters. The landowners have since appealed the decision to the South Dakota Supreme Court.

The surveys involve geotechnical drilling, which has caused damage to crops and raised concerns about the removal of windbreaker trees and topsoil necessary for crop growth.

Update on the carbon sequestration pipeline and the use of eminent domain by private corporations in South Dakota: These photos, taken today, show Summit Carbon Solutions, accompanied by law enforcement, “surveying” land on farm ground without the farmer’s permission (does this… https://t.co/Nq32wDied1 pic.twitter.com/x9Fp7NDX3D

— Rep. Jon Hansen (@RepJonHansen) June 20, 2023

Outraged by the property breaches and the threat of eminent domain, citizens have petitioned their representatives for help. Around 250 protesters recently gathered at the state capitol, urging Governor Kristi Noem to convene a special session and put an end to the company’s actions.

Great day with landowners in Pierre, SD today! https://t.co/CXUXAFCGoQ

— Karla Lems (@karlalems16) July 7, 2023

Despite her allegiance to the landowners, Governor Noem has deferred the decision to lawmakers, stating that she is reviewing the state’s legal options.

I always honor my oath to the Constitution, and the law is the law. If the legislature wants to call themselves into special session to change the law, I look forward to reviewing what they send to my desk. pic.twitter.com/M2A0qIupsy

— Kristi Noem (@KristiNoem) June 28, 2023

Recent reports have raised questions about Governor Noem’s potential conflicts of interest in this matter. Summit Carbon Solutions’ leadership includes influential Republican figures who were also platinum sponsors for Noem’s inauguration. This has led to disappointment among the affected farmers, who feel let down by the governor.

My dad always told me, “Never sell the land, Kristi. God’s not making any more of it.”

Supporting American farmers means keeping Chinese businesses from owning our American farms.

— Kristi Noem (@KristiNoem) July 25, 2022

Despite the legislature’s failure to pass a bill prohibiting eminent domain for carbon capture pipelines, Summit Carbon Solutions still needs a Public Utilities Commission permit to proceed. The commission will hold a public hearing on the company’s application in September.