13 February 2008
South Dakota Senate Seeks Accelerated DM&E Hearings
South Dakota USA - In a 20-13 vote, South
Dakota's state Senate approved a measure intended to speed up state hearings on the Dakota, Minnesota & Eastern Railroad's
application to acquire land by condemnation for its $6 billion project to access the Powder River Basin coal fields in Wyoming.
DM&E wants to rebuild 600 miles of existing track across South Dakota and Minnesota and add 260 miles of new track around the
southern end of the Black Hills to reach the site.
State Sen. Tom Hansen said DM&E applied more than a year ago for state approval to use eminent domain to acquire land for a
right-of-way from people who are unwilling to sell, but opponents have delayed any state hearing on the matter. "The
time has come to let the process move forward," Hansen said. The measure still must be approved by the state House.
DM&E, acquired last fall by Canadian Pacific, already has negotiated deals to acquire land along the expansion route from some
ranchers in southwestern South Dakota. But railroad officials said they need legal authority to use eminent domain to acquire land from
those unwilling to sell.
South Dakota state law provides that a railroad can use eminent domain if it can show a project is a public use consistent with public
necessity. A key element is whether a railroad can show it already has negotiated in good faith to acquire land without the use of
eminent domain.
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