Lots of things do not add up on this story. Surveyors have been the harbinger of change for as long as they have existed as a profession, and sometimes this creates drama.
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On Twitter:
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https://twitter.com/greg_price11/status/1663738594287034368?s=20
By Greg Price
@greg_price11
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What I am about to tell you should be the most important story in America but no national media is talking about it. Read this entire tweet. One of the biggest invasions of property rights in American history is currently happening in South Dakota to expand green energy. This is footage that was shared with me by a South Dakota farmer named Jared Bossly, whose farm has been in his family for four generations. Bossly is one of over 80 SD landowners currently facing eminent domain lawsuits from a company called Summit Carbon Solutions who wants to seize their property and use it to build a carbon capture pipeline that will transport CO2 emissions from Iowa to North Dakota to be stored underground. The men in the video are surveyors from Summit. They entered his home and shop before going on his farm to survey the land all without permission while only his wife was home. They later falsely accused him of threatening to kill them (he talked to them for 6 seconds on speaker phone about how the sheriff should be there while they do it) and are taking him to court to get a restraining order so he can't be on his property when they come back. His hearing is tomorrow. Bossly tells me surveyors from the company have shown up to SD farms without permission, some with armed security guards like something straight out of Blazing Saddles, and have threatened the landowners who haven't agreed to give up their property. The Republican leadership in South Dakota has also abandoned them. In the last legislative session, bills to protect landowners from eminent domain from Summit failed. Gov. Kristi Norm has done nothing. Why? Because Summit has connections to massive GOP donors. They are also bankrolled by large investments, some of which are foreign, as well as benefit from massive federal tax credits for carbon capture expanded by Joe Biden's "Inflation Reduction Act." Meanwhile, South Dakotans whose farms have been in their families for generations, who have put their blood sweat and tears into their land, are now facing them being seized and ruined for the green energy grift. Their elected leaders have abandoned them and no one outside local media is talking about it. I'll soon be publishing a full story on this on my Substack with all the details.
There have been stories about surveyors for the CO2 pipeline company in Iowa, too.We went to an information meeting because one of the plans went close to my wife's land. There were a lot of angry landowners there.
The story has some hyperbole as in "seize his property and use it for a pipeline". He would get some compensation and still have use of the property after installation. The main drawback is a strip of disturbed soil that might not grow things as well.
"Entered his home and shop" probably means the front porch and an open door on a machine shed while they were looking for someone to notify.
The opponents make a lot of noise about danger, but I'm not sure how real that is. There are a lot of various pipelines around the country and few accidents.
His argument should be with the eminent domain proceeding, not the surveyors, but of course they are more directly visible.
what a wild turn of the law...
extraction is the vehicle that allows the perfection of the oil and gas mineral rights.
how does sequestration work inside the same law?
this is truly Stoopid and needs to be a great legal battle for the people...
well, those with the money to fight, or just become cantankerous and cumbersome to the process.
The story has some hyperbole as in "seize his property and use it for a pipeline". He would get some compensation and still have use of the property after installation. The main drawback is a strip of disturbed soil that might not grow things as well.
"Entered his home and shop" probably means the front porch and an open door on a machine shed while they were looking for someone to notify.
The opponents make a lot of noise about danger, but I'm not sure how real that is. There are a lot of various pipelines around the country and few accidents.
His argument should be with the eminent domain proceeding, not the surveyors, but of course they are more directly visible.
This was my take as well, but always interesting to see surveyors in the spotlight.
The comments on the twitter from surveyors were pretty much universal in commenting that it was not likely that a crew would act this way, as they generally know how to NOT trespass. And, field surveyors are generally trying to keep the landowner if not happy at least not hating the surveyors.
what a wild turn of the law...
extraction is the vehicle that allows the perfection of the oil and gas mineral rights.
how does sequestration work inside the same law?
this is truly Stoopid and needs to be a great legal battle for the people...
well, those with the money to fight, or just become cantankerous and cumbersome to the process.
You have lost me completely. What does this have to do with mineral rights? The subsurface rights where the sequestration is taking place isn't at issue here.
From a legal standpoint this is no different than a powerline, a highway, a high-speed train line, or a pneumatic tube used for hypersonic transport.
extraction is not sequestration.
these are different animals.
mineral rights allow for the owner of those patents and resources to transport to market yada yada yada...
sequestration is new, and wasnt even a thought when these laws were developed and implemented.
which is why I think it's going to be Interesting to see how they play out the laws in the courts.
as far as the field personnel?
sounds pretty typical of grabass landman crap from the oil and gas rigamarole and the guys wife should have put some no 8 lead in their asses.
From the article:
Dickinson County Attorney Steven Goodlow, who is prosecuting the case, has said landowners and a tenant refused to accept certified letters from the company and that Summit should have sought an injunction to force the survey, potentially with the assistance of law enforcement.
Maybe this case will lay it out in black and white that an injunction/court order is necessary when the landowner stonewalls. I've been that surveyor who has been told to "get in there and do the survey, we've attempted to contact the landowner a half dozen ways but they refuse to acknowledge us".
It sucks being caught in the middle like that, but if it comes down to declining the work and making the client annoyed versus getting tagged with a trespassing suit....I'll make that client annoyed all day long.
@jitterboogie yes extraction and sequestration are definitely differnt. I just dont see what the relvavnce is on a discussion about a pipleine.
Mineral rights have nothing to with transportation of the minerals once they have left the parcel they are extrated from.
Mineral rights are one of the bundle of sticks that form the title to a parcel of land (with the added complication that their boundaries might not match the surface ownership boundaries and in some cases they can extend under other parcels). They have no bearing on your right to use other parcels to transport your minerals.
Eminent domain for transportation is not tied to mineral rights. An oil pipeline is treated the same as an orange juice pipeline would be.
SD 49-7-13.
Any pipeline companies owning a pipeline which is a common carrier as defined by § 49-7-11 may exercise the right of eminent domain in acquiring...
The only distinction in the law between an orange juice pipeline and an oil pipeline is that the orange juice pipeline isn't subject to the safety requirements of an oil pipeline.
duly noted. Read the statutes for SD. thanks for the numbers.
I guess if you wanted to you could have a pipeline with urine and feces for some process and just condemn and eminent domain your right to utilize the right of way if people didn't want to participate.
thanks lawyers.
I guess if you wanted to you could have a pipeline with urine and feces for some process and just condemn and eminent domain
We have lots of those already. Surveyors usually call them sanitary sewers.
