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North Dakota Part of 12 State Coalition Urging U.S. Supreme Court to Take up Property Rights Case

By Bill Dubensky Sep 12, 2025 | 6:01 AM

Rocky Prestangen, left, and Randy Stevenson, landowners in McKenzie County. (Photo courtesy of the Institute for Justice via the North Dakota Monitor)

 

(North Dakota Monitor) – North Dakota and 11 other states are advocating for the U.S. Supreme Court to consider the arguments of North Dakota ranchers in a dispute with an energy company.

WBI Energy used eminent domain to take a portion of the northwest North Dakota landowners’ property for a pipeline project in 2018. The ranchers were compensated for their land under a confidential settlement with WBI in 2021, though the parties disagreed as to whether the group was also entitled to legal fees.

A North Dakota federal judge initially ordered WBI to pay the landowners about $380,000 in legal expenses, though the 8th Circuit Court of Appeal overturned that decision earlier this year.

In early August, the landowners filed a petition asking the U.S. Supreme Court to review the appellate court’s decision. They ultimately want the high court to reverse the circuit court’s ruling.

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