A legal set back this week for the proposed Summit Carbon Solutions pipeline. South Dakota’s supreme court has ruled in favor of landowners in that state who object to the project and sued to keep Summit’s survey crews off their property.
The South Dakota Supreme Court ruled at this point, Summit has not shown it’s authorized to use eminent domain to seize land from unwilling property owners. The court said that’s because Summit does not appear to be a common carrier — transporting a commodity, but instead plans to ship carbon to North Dakota where it will be stored underground. There’s a similar case pending in Iowa’s court system. On October 8th, the Iowa Supreme Court will hear arguments in the case involving a Hardin County landowner who refused to let Summit survey his land in 2022.
A spokesperson for Summit Carbon Solutions says the company will provide additional information that will prove to South Dakota courts that it is a common carrier and eligible to use the power of eminent domain. In late June, Iowa utility regulators granted Summit a permit to build and operate its pipeline route through Iowa — but construction may not start until Summit secures all the permits that are required in North and South Dakota.
