THE BURNED OVER DISTRICT

Not when a pipeline company can sue for eminent domain that serves no one beyond a major partner in the pipeline company. But in a state controlled by the GOP that probably won't be a sticking point.

The company, North Dakota Pipeline Company LLC (NDPL), is a Delaware limited liability corporation and qualified to do business in North Dakota through the North Dakota Public Service Commission. Well that is not exactly the whole truth. NDPL is a joint venture between Enbridge Energy Partners, L.P. and a subsidiary of Marathon Petroleum Corporation. In fact NDPC formerly operated as Enbridge Pipelines (North Dakota) LLC.

Enbridge is a Canadian Company that filed in Delaware as Enbridge Energy for LLC status. Enbridge, Inc. is an energy delivery company based and incorporated in Calgary, Canada. Enbridge, operating the longest crude oil and liquid hydrocarbons transportation system in the world, desperately needs the Botsford's quarter section (160 acres) of family farmland as a lynchpin in its delivery system.

No one seems able to answer the question as to how Enbridge became a LLC in Delaware; then gained approval by the North Dakota Public Service Commission; thereby assuming the powers of condemnation of Botsford's land in North Dakota.

Enbridge doesn't provide any public services to North Dakotans, but wants to get its oil out of the state as quickly as possible for sale on the world market. In fact, one could argue the opposite and point to the number of spills, accidents, blow-outs, environmental degradation and social decline in North Dakota as evidence of a net loss oil has cost the State. Enbridge has a litany of spills across the U.S.

So, the company did what big companies always do and filed suit against the little guy; citing its rights to the land under North Dakota's eminent domain law.

The Resulting Case # 18-2014-CV-01058 has made its way to North Dakota's Northeast Central District Court. Jury Selection begins this Tuesday, August 11 and the case could be wrapped up that day or extend to Friday, August 14, depending on the disposition of the judge and the extent of oral arguments.

The North Dakota Central Judicial Court Case 18-2014-CV-01058 filing by North Dakota Pipeline Company LLC, suggests James and Krista Botsford are screwed. NDPC claims a right to exercise power of eminent domain, and that it may enter and condemn the Botsford's land, use right of way, casements, and the property for the construction, maintenance, or authorization of the Sandpiper Pipeline.

The heart of the Botsford's legal response is the "Abusive overreach of the use of eminent domain by a (foreign) corporation for private gain," James Botsford says. "They want a 99 year lease that they get whether the pipeline is built or not and that they can sell to any other entity for any other purpose at any time in the 99 years. Eminent domain to take private property is supposed to be restricted to a particular public purpose."

No question that an easement by eminent domain would be a service by the public to Enbridge, but that is not the purpose of the law. Unless you can hire as many lawyers as you need, to Hell with what is good or right.