Bismarck Tribune - North Dakota News - Legislature must close loopholes

Legislature must close loopholes

Aug 13, 2008 - 05:21:41 CDT

By MAJ. RICHARD A. STARKE/Burlington

Legislature must close loopholes

In November 2006, over 67 percent of the people of North Dakota voted in favor of a Constitutional measure that restricted the use of eminent domain to public purposes. The law makes exceptions for utilities and common carriers, but the implication is that these common carriers and utilities should directly benefit the people of North Dakota.

Unfortunately, the law does not spell this out. It is up to the next Legislative session to close the loopholes.

For example, utilities may use eminent domain to take land from an unwilling owner if they supply energy to "cities or counties." The implication is that these are cities or counties in North Dakota, but because it is not spelled out, a loophole exists. The lack of definition or limitation in the "common carriers" provision has allowed the use of eminent domain to take land from unwilling North Dakota landowners for a private pipeline that has no outlets in North Dakota and whose ownership is not only out of state but out of the country.

The eminent domain law needs an overhaul, and the coming election is the time to do it. We must ask candidates for the state legislature whether they will support legislation to close these loopholes, and vote only for those who promise to do so.

I was also very disappointed in the conduct of our elected officials who endorsed the pipeline before the Environmental Impact Statement was even completed. Our Public Service Commission needs to have its role changed to protect citizens of North Dakota, not corporations in foreign nations. The coming election is the also the time to find new commissioners.

The state's 30,000 landowners must stop being "nice guys" and demand action rather than words. When our current officials fail to act on behalf of their constituents, we must find people who will.

News > Opinion

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Comments

Halatbis wrote on Aug 13, 2008 8:11 AM:

" The writer's letter poses some interesting issues and questions. Is a corporation a private company? Or a public company if it is publicly owned/traded? The pipeline in question will serve the general public, but not necessarily in ND; is that still considered the general public? If not, then it would be nearly impossible to build any pipeline, transmission line, signal carrier, whatever, through one state and into another.
The term "take" is misleading. Land or property taken through eminent domain is and must be paid for at what is considered and agreed upon value/price. That is often a difficult process since there may be an unwilling seller in the transaction--hence, the process of eminent domain.
The writer has valid points which are important in this process; however, to imply that the PSC is somehow not responsive to the concerns of the people of ND is an unfair and inaccurate characterization of this commisssion. The writer may not agree with their decisions--that is his right. "

Out with them wrote on Aug 13, 2008 7:23 AM:

" MAJ. RICHARD A. STARKE you are right with "When our current officials fail to act on behalf of their constituents, we must find people who will. " - Out with Dorgan, PomPom and Conrad! "

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