North Dakota AG Considering Legal Action Over South Dakota Eminent Domain Law

 North Dakota Attorney General Drew Wrigley. (Michael Achterling/North Dakota Monitor)

(North Dakota Monitor) – North Dakota Attorney General Drew Wrigley said he is researching what legal options the state might have against South Dakota, which he said is impeding interstate commerce by banning the use of eminent domain for carbon dioxide pipeline projects.

Wrigley called the legislation signed into law in March a “hostile act” on a radio talk show.

South Dakota leaders defended the law that takes away the ability of carbon pipeline developers such as Summit Carbon Solutions to use eminent domain. Eminent domain is a legal procedure to force landowners to provide property easements for projects that benefit the general public.

Summit’s goal is to build a network of pipelines in five states to capture carbon emissions from ethanol plants and send it to North Dakota for permanent underground storage. The main trunk of the pipeline would run through South Dakota, where Summit has so far been unable to secure a state permit and has met significant resistance from landowners.