Company’s plan to take property by eminent domain goes to court
MELLETTE, S.D.—On their way to attend their niece’s wedding in July 2021, fourth-generation farmer Ed Fischbach of Mellette, South Dakota, and his wife made a quick stop to check the mailbox.
His wife reached inside, pulling out a handful of letters. Within the small pile was an envelope from a company she had never heard of—Summit Carbon Solutions.
She opened the letter and began reading it.
“Dear landowner,” the letter began innocently enough. But as she continued reading, her jaw nearly dropped.
“Listen to this,” she told her husband.
The Iowa-based company described plans to build a massive carbon capture pipeline across five midwestern states in the letter.
The 1,400-mile pipeline would transport carbon dioxide under high pressure, produced by ethanol and biofuel refineries, for burial in North Dakota. The goal would be to reduce the region’s carbon footprint to protect the environment.
The Fischbachs then learned that the pipeline would travel through some of the most productive areas of the 1,400-acre property that has been in their family for decades.
“The proposed pipeline route for the project is depicted on the enclosed map,” the letter continued, “and public records indicate that you are the record taxpayer of all or certain portions of the property.”
The notice further advised that Summit Carbon, through its consultant, TRC Companies, would perform preliminary surveys in the weeks ahead.
But first, the company needed permission to go on the property. Ed Fischbach said he never filled out or returned the enclosed approval form.
Instead, he made phone calls and soon realized other landowners in Spink County had received the same letter, including his nephew Brad, who raises beef cattle for a living.
“Who is this outfit? Nobody heard about it,” Fischbach said. “I decided I’m not going to stand for this. Somebody had to do something about it. I took the lead.”
In August 2021, Fischbach called a meeting at the local community center, expecting a dozen people to attend.
Without advertising, 74 landowners turned out. None of them supported the project in South Dakota, he said.
“I said to myself. I’m onto something here. This is real. We have to pursue this,” Fischbach told The Epoch Times.
By Allan Stein
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