Learn how Summit Carbon Solutions can be held accountable by the North Dakota landowners they bullied

Across the Midwest, Summit Carbon Solutions has been accused of engaging in unethical tactics in an effort to obtain voluntary easements for their risky carbon capture pipeline. As far back as 2022, landowners along the proposed pipeline route have been documenting unwanted experiences with Summit’s land agents.

In North Dakota, the state law provides additional opportunities for landowners who feel they have been negatively impacted by Summit’s tactics. 

North Dakota law, under section 49-22.1-14, protects landowners from unfair tactics such as harassment, intimidation, misrepresentation, and fraud while trying to obtain voluntary easements. If at least five landowners can demonstrate they were aggrieved by these tactics, action can be taken in district court to hold Summit Carbon Solutions responsible for their underhanded and manipulative methods.  At the same time, the law provides aggrieved landowners with a chance to have the easement voided, receive compensation, and to have attorney fees covered by the pipeline company.

Specifically, the law states:

Upon a determination by the court that a person employed by the utility used harassment, threat, intimidation, misrepresentation, deception, fraud, or other unfair tactics in acquiring or attempting to acquire an easement from at least five separate landowners, the court, by order, shall declare the easements void and may order any compensation paid therefor returned to the offending utility, or allow the landowner to retain the compensation, or award to the landowner up to three times the amount of the compensation involved as damages, punitive or compensatory. The court shall award costs and reasonable attorney’s fees to the plaintiff if the court rules in favor of the plaintiff.

Additionally, if the court rules against the pipeline company, the Public Service Commission has the ability to revoke or suspend the company’s pipeline permit for the portion of the route impacting aggrieved landowners. Or, as is the case currently in North Dakota, if a permit hasn’t been issued yet, the PSC can choose to not grant a permit for the relevant route at all. 

It’s time Summit stops being rewarded for bad behavior. If you feel you were wronged or treated poorly by Summit during easement discussions or negotiations, regardless of whether or not you ultimately signed an easement, reach out to Zach at Zach@drcinfo.org to learn more about the potential opportunity for litigation.