In a major win for South Dakota property owners – and what is felt as a huge reassurance to the eminent domain lawyers and environmental law attorneys of Domina Law Group pc llo – Governor Larry Rhoden has recently signed a bill that bans the use of eminent domain to build the carbon dioxide (CO2) pipelines proposed by Summit Carbon Solutions. The plan to construct the 2,500-mile pipeline has not been permanently blocked by this decision, but its progress will slow down considerably. Domina Law Group pc llo has been fighting Summit Carbon Solutions on behalf of South Dakota landowners for a while now, including when the firm secured a victory before the South Dakota Supreme Court last year, so the signing of this bill comes as a great relief and reassurance to our attorneys.
Governor Rhoden explained his decision to sign the bill (HB 1052) on March 6, 2025: “South Dakota landowners feel strongly that the threat of involuntary easements for the proposed carbon dioxide pipeline infringes on their freedoms and their property rights. Freedom ends when it infringes on the freedom of another.”
Summit Carbon Solutions representatives seemed disappointed in the Governor’s decision but promised to keep using whatever legal actions and political moves the company could to move the CO2 pipeline project forward again. The company first ran into legal trouble after getting only 82% of landowners along its proposed pipeline route to agree to sell their property; the remaining 18% of such landowners did not want to budge out of fear of the destruction of their land, which largely consists of farms and ranches. When eminent domain was attempted to buy out the land, lawsuits followed shortly after.
A member of Dakota Rural Action, a conservation group, said after the signing of HB 1052, “This is a victory for every farmer, rancher, and South Dakotan who refused to back down against corporate overreach.”
It’s not yet known what Summit Carbon Solutions will try to do next, and some have even suggested that it may lean on the Trump Administration to back it. One thing is clear, though: No matter what the company tries, if it threatens the rights of South Dakota landowners, you can be sure that Domina Law Group pc llo will be ready to intervene. We’ve already fought this issue in the South Dakota Supreme Court and won (in the historic case led by Attorney Brian Jorde) so we’re more than prepared to go to such great lengths for our clients and neighbors again.
Articles Featuring this Success
In light of this monumental success, Attorney Brian Jorde was mentioned and/or quoted by several prominent newsgroups, including:
To learn more about the pipeline and the recently signed HB 1052 that slowed it down, you can click here to read a full article from The Associated Press. (Log-in or subscription may be required.)
If you want to know more about Domina Law Group pc llo and how we proudly fight for the rights of our clients, including in highly complicated eminent domain, property law, and farmland dispute cases, call (888) 387-4134 or contact our firm online at any time.