22 September 2008
DM&E President Disappointed by South Dakota Challenge
Dakota, Minnesota & Eastern President Kevin Schieffer says a
decision by a South Dakota judge questioning the state's eminent domain process further slows the railroad's efforts to expand its
reach westward to the Powder River Basin. "It's another delay in a long line of delays," Schieffer said. "This is not a
project for the faint of heart. But it's too important to too many people to get discouraged by these things. We remain as determined
as ever to move forward."
Former South Dakota Supreme Court Chief Justice Robert Miller last week concurred with representatives of landowners along the proposed
route who seek more time to prepare for a hearing on the DM&E's proposed $6 billion expansion. A commission must act on DM&E's
application to use eminent domain to acquire property for its proposed project. The new law, passed by the state legislature this year,
limits that process to 90 days from application.
Canadian Pacific acquired the DM&E last October, in a move many said was prompted by CP's interest in accessing the Powder River
Basin.
"I do not intend to fully or blindly comply with or enforce the 90-day limitation contained in the 2008
amendment," Miller wrote. "First, I am of the opinion that it is unconstitutional."
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