SIOUX FALLS, S.D. (Dakota News Now) – On Friday, a decision was handed down by the South Dakota Supreme Court on a lawsuit filed by landowners against Summit Carbon Solutions for surveying a pipeline without consent.

Landowners are viewing it as a win in their ongoing battle against what they say are infringements of their rights.

Friday’s ruling was unanimous and it disagreed with the circuit court’s decision that Summit Carbon Solutions is a common carrier. This, in turn, means they cannot use eminent domain to survey on private property.

It’s a significant milestone, but this fight between landowners and SCS is not over yet.

State Representative Karla Lems has been outspoken in her views against the carbon pipeline project and in support of landowners in the counties she represents.

As a property manager, she said that she is passionate about property and landowner rights. She said Friday’s ruling is being held as a big win for their side.

“We felt like we had better standing here. We felt like we had more to work with and that we had a good case, but to see it come out with a unanimous decision is amazing,” Lems expressed.

While North Dakota ruled in favor of Summit, South Dakota’s ruling will have ripple effects on other states included in the project and Lems believes that it may impact future cases landowners encounter.

“The broader picture is wind, solar, all of these kinds of things that will be looking to get permits in the state of South Dakota and if we don’t fight back against these things, they will come and take whatever they want. We’re in it for the long haul,” Lems claimed.

Summit Carbon Solutions CEO Lee Blank recently spoke at the American Coalition for Ethanol’s annual conference in Omaha, Nebraska. He addressed challenges facing opposition and Lems responded to something that caught her attention.

”He actually even reached out to people saying, ‘Will you please pray for us.’ Well, I don’t know if God is going to actually answer a prayer that’s going to strip away our constitutional rights,” Lems said.

While the ruling is a blow to Summit Carbon Solutions, they are continuing to pursue the project and they said it would benefit communities.

Source: DakotaNewsNow

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