Landowners Win in SD Supreme Court in Summit Carbon Pipeline Challenge

Article excerpts:

“Lower courts in South Dakota erred in ruling Summit Carbon Solutions is a common carrier able to exercise eminent domain to acquire and inspect land for a planned 2,000-mile carbon pipeline, the South Dakota Supreme Court ruled Thursday.

In a 42-page ruling handed down in an ongoing legal fight mounted by more than 50 landowners in the state, the state's highest court said the company had not presented enough evidence to show it was a common carrier.

Under state law, a common carrier holds itself out to the general public as transporting a commodity for hire.”

Link to full article: HERE