SDET helps you develop the best practices for dealing with pipeline company calls, letters, and visits and helps you understand their typical tricks and tactics.

A big benefit is the sharing of information from folks like you across the state and the region so everyone has a better idea of what the truth of the project is as opposed to what pipeline companies may lead you to believe. A common statement pipeline companies use early on is “all your neighbors have signed easements.” We have yet to hear of a case where this turned out to be true.

Once you obtain legal representation, pipeline companies should not contact you further unless you want to receive information from them. This can help reduce or eliminate the high-pressure phone calls. Collective legal representation before the South Dakota Public Utilities Commission and the Courts can make the process less intimidating and far less expensive than fighting alone or in a small group.

Our goal is to best protect your land and property rights by resisting these projects that seek to go on, under, and through your property and helping you develop the tools to navigate the challenges of these project.

SDET will keep landowners abreast regarding if, and when, it may eventually be necessary to negotiate with pipeline companies over easement terms. This would occur only if and after all other efforts at legal protections have failed.

If a pipeline is approved and an easement is unavoidable, SDET will work to negotiate the best uniform terms for all SDET landowners using expertise from decades of easement negotiations so that landowners can have the best protections possible.

Anyone can enter your land if you give permission, either written or oral.

However, even without your explicit permission, a Pipeline Company that has filed a sitting permit application with the PUC can enter your land for a survey IF they first gave you (the owner) AND any tenant in possession of the land both 30 days written notice — that includes both a copy of their siting permit Application — and expected dates of entry.

(See: https://sdlegislature.gov/Statutes/Codified_Laws/2046436)

Also, the Pipeline Company must pay you for any actual damage done to the property regardless of how slight. We encourage you or someone you trust to monitor the survey crews and photograph/videotape their actions.

If they have not complied with the legal prerequisites related to surveying your land, but they demand entry or enter your land, call your Sheriff and file a complaint related to the unlawful trespass and also file an objection/complain with the PUC.

Any easement is a legal right usually reduced to writing in an Easement Agreement that spells out how the pipeline company will use your land for their profit while you continue to pay taxes and insurance.

It spells out what the pipeline company can do and therefore what you can’t do and establishes restrictions on your land.

The proposed easements are “perpetual” which means forever. The pipeline company proposes to pay you one time and you can never go back and obtain more easement compensation in the future.

The pipeline company can sell or assign their easement on your property to any person, company, or country in the world at anytime and you can’t do anything to stop that.

Not only do you not have to sign the pipeline company’s easement, you do not have to talk to them or interact with them.

We encourage you NOT TO SIGN ANYTHING until and if you completely understand all the risks and ways the easement and having the pipeline on your property will affect you forever.

If you join up with S.D.E.T. and become a part of our legal co-op – you never have to directly interact with these companies or their agents ever again.

You will be placed on our landowner email list and receive frequent updates about the pipeline projects, invitations to expert ZOOM training session, monthly calls where your questions can be answered, and you can share stories with others around the state and region.

There are also rallies, town halls, and events we organize in which you can participate.

Information is provided about current state agency proceedings and how to become involved in those hearings as well as what you can do to effectively voice your opinions.

You will receive updates on legal actions related to the pipeline projects and learn how that affects you and we also discuss best practices and strategies around pipeline resistance, including how to get involved locally and what your county and township boards can do to help protect you.

You will receive periodic email updates on the latest news and as well as urgent updates.

Once you sign up to become a S.D.E.T. member, you do NOT have to speak with them in person or by phone, nor invite them into your home. You should ask for the representative’s name and position with CO2 Pipelines, ask them for identification if in person, and politely state that you do not wish to speak to them.

You should advise them to call your lawyer, Brian Jorde, and provide his information to them. You do NOT have to give them ANY other information.

The South Dakota Public Utilities Commission (PUC) is the State Agency that will determine whether or not Eminent Domain rights are used against you.

They will say they have no involvement with Eminent Domain – however, the PUC will either approve these pipelines or deny them. If approved, that pipeline company will use eminent domain against you if you don’t give them an easement. If a pipeline is denied by the PUC, it will not use eminent domain against you. It is all up to the PUC!

Summit Carbon Solutions filed its Application to the PUC on 2/7/2022. South Dakota law requires the PUC to make a decision not later than one year after filing. Navigator has not yet filed its Application.

NOTE: If you are a Summit affected landowner, your time is running out to join as a party to the PUC proceeding.

If you DO NOT exercise your right and join these proceedings as a party by April 8, 2022 – you will not be able to testify in front of the PUC and share your concerns.

The PUC’s Docket for the Summit CO2 Pipeline and latest information is here.

Attend: Upcoming (March) Public Meetings re: Summit

Condemnation is the name of a legal proceeding that occurs when an entity (usually a governmental entity) who has the power of eminent domain uses that power to condemn or take all or a portion of another’s property for the condemner’s use and purpose.

Condemnation is a process by which the landowner whose property is being taken can present evidence in Court to jurors from the county were the land is located who will determine the value, or the monetary compensation, that the taker must pay the landowner.

Often before Condemnation litigation starts, there is a period of negotiation with the taker, here potentially a Carbon Pipeline company, and you can negotiate the terms or fine print of the contract, called an Easement, and you can negotiate price or the financial compensation that will be paid.

If negotiations fail, condemnation often starts where you can go all the way to trial and/or continue to negotiate along the way if you think it is likely you can reach an agreement.

S.D.E.T. will have the most impact for landowners and tenants who own or farm land the pipeline will cross and we urge you to become a S.D.E.T. Supporter and tell your neighbors to as well. As a tenant you also have property rights and interests in the land you rent - these rights are compensable if and when affected.

If you have signed an agreement to let a pipeline company on your land to survey you can still join S.D.E.T.

If you have voluntarily signed an Easement already S.D.E.T. may be able to assist you in rescinding that easement or getting more money for it. Call or email today to learn more about this.

If you are someone who thinks "I will never voluntarily sign anything with a pipeline company" - we respect your opinion and option to exercise your Constitutional rights and force them to take you to Court and want you to know you can still join and become a Supporter of S.D.E.T. and benefit from our efforts! To learn more about Condemnation options Contact Us.

If you believe in what S.D.E.T. stands for and want to support S.D.E.T. but don’t have any land affected you can still join and support our efforts.

S.D.E.T. (South Dakota Easement Team) was organized for landowners in March 2022 for the purpose of providing education and support to South Dakotans who confront demands by pipeline companies, or others, for easements, other rights, or interests in title to their land through the threat of condemnation.

S.D.E.T has an agreement with Bold Education Fund to operate as S.D.E.T’s fiscal sponsor as a nonprofit corporation under § 501C(3) of the Internal Revenue Code and this allows donations to S.D.E.T. to be tax-deductible.