North Dakota farmers win victory against land-grabbing climate giant

Farmers in North Dakota Friday won a victory against a climate corporation threatening to seize their lands for a “climate change” project.

North Dakota state regulators denied Summit Carbon Solutions a route permit for a $4.5 billion carbon capture pipeline across five Midwestern states. The pipeline’s purpose would be to capture carbon emissions before they enter the atmosphere and store them underground in South Dakota.

But the company ran into resistance when landowners tried refusing the corporation access to conduct initial surveys. The surveys involve drilling holes into the ground, 3–12 inches in diameter and up to 200 feet deep. These holes can adversely affect crops. 

In response to their refusal, Summit sued over 80 landowners to gain forced access to their properties. The company’s lawyers also threatened the farmers with eminent domain — forced land expropriation — if they would not agree to sell the company easements on their properties. But to invoke eminent domain, Summit needs the route permit it was denied on Friday, though the company says it will reapply.

"Summit Carbon Solutions respects the decision by the North Dakota Public Service Commission, and we will revisit our proposal and reapply for our permit,” said Summit in a statement following the decision, according to AgWeek. “We're committed to understanding and incorporating the considerations outlined in the decision. We are confident that our project supports state policies designed to boost key economic sectors: agriculture, ethanol, and energy."

But some decision makers are rooting for the company, including North Dakota Governor and Republican presidential candidate Doug Burgum. Last month, Burgum expressed support for the company using eminent domain powers against farmers.

“We wouldn't have an interstate highway system,” said Burgum. “We wouldn't have the transcontinental railroads. We wouldn't have just about anything in this country.

“It’s very difficult to get 100% of people to agree,” he said. “The important thing is that they have an opportunity in that process to be heard and be fairly compensated.”

Though it does not yet have a route permit, a judge has ruled that Summit can conduct surveys on lands without the property owners’ consent provided that the company serves 30 days notice, according to The Fence Post. South Dakota landowners are fighting that decision in court, though for some it may be too late.

Farmer Jared Bossly says that Summit surveyors already conducted a survey on his land without his permission, damaging his corn and soybean crops. If the company is able to use eminent domain powers, its pipeline would cut across his land, removing the windbreaker line of trees protecting his cattle as well as the topsoil that helps crop growth.

“This is a private company. Have you ever heard of a private company using eminent domain to take property?” Bossly asked.

South Dakota State Representative Jon Hansen uploaded photos to social media showing Summit equipment and armed security personnel allegedly on private land without authorization.

“This is the current scene on private property in South Dakota: an out-of-state, for-profit corporation with armed patrol intruding on property without the landowner’s consent to lay a carbon sequestration pipeline that the landowner doesn’t want. This is not freedom,” tweeted Hansen.