North Dakota landowners win property rights in CO2 storage case

BISMARCK, N.D. (Dakota News Now) - Landowners in North Dakota won a legal battle when a district court ruled that a state law regarding underground “pore space” for carbon dioxide storage was unconstitutional.

“This ruling is a critical development in safeguarding the safety and property rights of North Dakotans. The Court affirmed our belief that multi-billion dollar carbon capture corporations should not be allowed to undermine our constitutional rights,” said Emma Schmit, Pipeline Fighters Director for Bold Alliance.

The Northwest Landowners Association sued North Dakota and its Industrial Commission over a law allowing CO2 storage beneath properties if 60% of affected landowners agreed to it.

Northeast Judicial District Judge Anthony Swain Benson ruled that the law is unconstitutional because it offers no means for landowners to receive “just” compensation when eminent domain is used for development projects.

The ruling affects all pore space decisions by the North Dakota Industrial Commission, including the Summit Carbon Solutions multi-state CO2 pipeline project.

Additionally, some landowners are challenging the approval of three CO2 storage pore space permits granted to Summit.

“We are encouraged by the Court’s ruling, which affirms our position that the current law is unconstitutional and must be overturned,” said Kurt Swenson, North Dakota landowner impacted by Summit’s storage facility permits.

“After multiple attempts to change this law through legislation, we regret that we had to turn to the courts. We do not oppose any specific project, but simply the law that unjustly gave the North Dakota Industrial Commission unconstitutional authorities, taking away our property rights.”