By Mike Zitterich @ Sioux Falls Community Chronicle
With a South Dakota Judge granting permission to Summit Carbon Solutions to proceed in “surveying” land held by private property holders, the question arises, is it constitutionally allowed to strip landowners the right of equal protections under the ‘state’ of which they do not consent to such threats of eminent domain.
Under the South Dakota Constitution, Article 17, Section 4:
The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the Legislature from taking the property and franchises of incorporated companies and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the state shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the state.
Under Article 22, Section 1 of the South Dakota Constitution, a compact provision of ‘we’ adopted, of which restricts the “State” to the following rule:
That perfect toleration of religious sentiment shall be secured, and that no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship.
So, if no person can be molested in both person and property based on their “religious sentiment” which is nothing more than their own thought, opinion, or idea based on a feeling about a situation, or a way of thinking – then that means, no corporation, nor the ‘government’ itself may molest a person or their property by an act or instance of interference with or violence against someone, or their property based on the opinions or thoughts of others.
Under Article 6 of the South Dakota Constitution:
No person shall be deprived of life, liberty or property without due process of law, of which they gave to themselves the right to petition, and of which peaceably, to assemble to consult for the common good and make known their opinions, shall never be abridged, and of which they may freely speak, write and publish on all subjects, while being responsible for the abuse of that right, of which in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense, while the jury of their peers shall have the right to determine the fact and the law under the direction of the court, of which private property shall not be taken for public use, or damaged, without just compensation, which will be determined according to legal procedure established by the Legislature and according to Article 6 of this constitution, and of which No benefit which may accrue to the owner as the result of an improvement made by any private corporation shall be considered in fixing the compensation for property taken or damaged. The fee of land taken for railroad tracks or other highways shall remain in such owners, subject to the use for which it is taken. And finally, All Political Power is inherent in the people, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. And the state of South Dakota is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land
The “General Police Powers” of the State vest fully within the “People of the State” of whom have the authority given to them to determine all facts, evidence, and public opinions as they relate to the general health, safety, and protections of all persons and their property.
In fact, under S.D.C.L 49-41B – ‘we’ go on to codify the following rule:
In the exercise of the authority of eminent domain pursuant to chapter 21-35 to acquire right-of-way or other property for a trans-state transmission facility as defined by subdivision 49-41B-2(9) a property owner shall have the option to require the utility to take a fee interest in any amount of contiguous land outside the designated right-of-way which he owns and elects in writing to transfer to the utility within sixty days of receipt of the notice of filing of a petition pursuant to § 21-35-1. The fee acquisition of contiguous lands as required by this section shall be considered a taking for a public purpose and for use in the operation of the utility. However, the utility shall be required to divest itself completely of all lands used for farming or capable of being used for farming within five years after the date of acquisition pursuant to this section. If these lands are not divested as provided by this section they shall be sold at a public sale as provided by chapter 21-47 relating to foreclosure of a real property mortgage by action. No land more than one-half mile from the centerline of the power line need be taken
Under S.D.C.L 21-35 In all cases where any person, group, or corporation, public or private, including the owners of water rights, ditches, flumes, reservoirs, and mining property under the provisions of the laws of Congress, invested with the privilege of taking or damaging private property for public use, in making, constructing, repairing, or using any work or improvement allowed by law, shall determine to exercise such privilege, it shall file a petition in the circuit court for the county in which the property to be taken or damaged is situated, praying that the just compensation to be made for such property may be ascertained by a jury; of which a utility constructing a transmission line in this state that has obtained a permit and approval by legislative enactment, of which pursuant to S.D.C.L 49-7 any such private corporation wishing to construct a pipeline in this “State” must conduct a land survey prior to the “land commissioner” granting to the private corporation a permit for doing so – the commissioner of school and public lands shall, upon the filing in his office by any pipeline company of a map of its pipeline across any of the school or public lands, issue to the pipeline company a certificate stating that such lands have been reserved for its use. The certificate shall operate as authority to the pipeline company to take, hold, and use such lands for the purposes of its pipelines.
So, without first engaging with the “landowner” (property holder), to first gain access to the land, to gain permission to survey the land, the land commissioner does not have any legal, nor lawful permission to certify, nor grant any legal conveyance to a private corporation to issue a certificate of authority to construct such a pipeline on the land owned, or held by a private landowner.
So, if all “Political Power” is vested totally with the “State of People” – all persons of the “State” of which political power is defined as the ability of an individual or a group of people to influence the thoughts, actions, and mindset of people in a state. This power can be legitimate power given to an entity by the people of a state that holds authority over society, and of which the “person” or persons have the right to form their own religious sentiment, in forming their opinions, and thoughts – it becomes the ‘power’ of the people by a jury of their peers to grant permission, or authority of another to gain access to their private land.
As per our legislature, a group of people elected by the “people” to adopt rules, promises, and procedures of the “state”, we have set forth a procedure as per S.D.C.L 49-41B of which lays out the process of granting permission to a private corporation or entity to lay a pipeline:
The South Dakota Legislature before approving a proposed trans-state transmission line shall find that each of the following criteria has been met:
That the proposed trans-state transmission line and route will comply with all applicable laws and rules;
That the proposed trans-state transmission line and route will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or anticipated inhabitants in the sitting area;
That the proposed trans-state transmission line and route will not substantially impair the health, safety or welfare of the inhabitants;
That the proposed trans-state transmission line and route will not unduly interfere with the orderly development of the region with due consideration having been given to views of the governing bodies of effective local units of government (aka county, city, township, subdivision);
That the proposed trans-state transmission facility will be consistent with the public convenience and necessity in any area or areas which will receive electrical service, either direct or indirect, from the facility, regardless of the state or states in which area or areas are located.
No proceedings, referendum, notice, or approval shall be required for the creation of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, any other law to the contrary notwithstanding; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law. S.D.CL 1-16A-60
All public matters of “authority” fully are vested under the State and their governmental subdivisions – counties, municipalities, townships. Whereas a “Municipality” further broken down into smaller subdivisions of landowners, property holders, of whom act under the municipality.
Ultimately, all power of authority is well vested in the person or persons of whom own land, real property, under the “State”, and as a collective majority, the police power is held with, and of the “People of the State of South Dakota” of who all elected or appointed public officials, officers, agents, employees gain their authority from. So did the South Dakota Judge, in Brown County overstep his boundaries? Who then has the ability to grant permission, or certificates of authority to Summit Carbon Solutions the right to access private property with the intent to survey the land, to gain the right to build a pipeline?
With so many South Dakota Citizens, many of whom are farmers, ranchers, landowners, so strongly opposed to this concern of allowing carbon sequestration being performed on their land, or near their land, is Summit Carbon Solutions conspiring with a small group of people to steal our lands, utilizing federal monies against the very people of the “State”, to manipulate, and confuse the governor, the judges, let alone state officials of proceeding forward with their plan?
These companies, such as Summit Carbon Solutions are in bed with the Global Agenda, connected to the Paris Agreement, all of which are being funded by the United States Government, of whom are supplying billions of dollars of federal grants, monies, and other subsidies helping these companies bring forth, lawsuits, fights against private landowners, property holders, and yes, our ‘farmers’. There seems to be this great conspiracy brewing here in America, led by the Federal Government, contracting together with these companies, of whom are promising great riches, and profits to the 50 State Governors, that even these governors are being silenced in the process of scheming property holders out of their land, lands of which have been in their family ancestors for not only decades, but centuries. And, once they get that easement, nothing is stopping them. They’ve got the politicians—all the governors in these states are all on board with them. They’ve got our federal people who are on board or won’t touch it, and that means, there is a conspiracy to deceive, and steal land from the very people themselves who have owned their land for centuries.
The company, itself, Summit Carbon Solutions has formed a project of which will build a major pipeline network of which will include the State of North Dakota, Minnesota, South Dakota, Nebraska, and Iowa, their intent is to sequester as much carbon the region, capture as much as possible to stockpile, and provide energy to all of the Ethanol Plants within the region, which includes South Dakota’s largest Ethanol Producer – Poet Company, of whom today has lobbied, and politically financed some of our biggest names in the “State” – Kristi Noem and many other elected, and appointed officials, and officers of the State, many of whom may include our “Judges” and “Attorneys” all of whom now play a roll in manipulating, and complicating our rules, codes, and procedures.
The “People of South Dakota” are now in a front center role, in expressing themselves on a global spectrum. Will they continue to fight to stop this agenda?
Right in Your Very Backyard, here in Sioux Falls, there are a Select Group of Individuals attempting to push this whole Global Agenda by establish a set of rules, and codes to force all of us to give up some of our most precious rights – in the name of Climate Control, Zero Emissions, and the Urban Agenda…
It is pitting Governors against County Commissions, people against people – even putting “mayors” in a position of where they have to defend the landowners, property holders, the residents in their growing communities, of which, right here in Sioux Falls, the subject matter of Sustainability, Utilities, and Pipelines are becoming front center, as per the Mayor of Sioux Falls has stated recently:
“The topic of climate change, conservation, or sustainability—however you phrase it—can become a polarizing and political topic. There’s a broad set of opinions that need to be considered. This was especially apparent when we released the first draft of Sustainable Sioux Falls in early 2022 that included perceived mandates and ordinance changes. Soon after release, our team quickly realized that some very key and necessary voices were left out of the conversation, so we went to work to fix that.” Mayor Paul TenHaken
So, if we are truly sovereign, independent, and free persons, then who then has the power to grant permission to companies such as Summit Carbon Solutions to survey our seemingly private lands?
Well, as I state in the attached google document, much of the “Land” held inside South Dakota borders, were originally granted, warranted under the 1841 Preemption Act of which allowed Americans to move westward to settle, purchase, and claim land. Of which, as per that law, the federal government reserved to itself, the right to regulate, collect a tax, a fee, with the sole purpose of governing over our natural resources, minerals, and treasures held within the land itself.
Under 43 U.S Code Chapter 3 – Who has the Ultimate Authority to Grant Permission to “Survey” land in the United States?
Well under 43 U.S Code, Chapter 3, Subsection 3 we find the answer itself
The Secretary of the Interior or such officer as he may designate shall engage a sufficient number of skillful surveyors as his deputies, to whom he is authorized to administer the necessary oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the instructions of the Bureau of Land Management, and to remove them for negligence or misconduct in office.
He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the Bureau of Land Management, in respect to the public lands to which the Indian title has been or may be extinguished.
He shall cause to be surveyed all private land claims after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands.
He shall transmit to the officer, as the Secretary of the Interior may designate, of the respective land offices general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to such officer as the Secretary may designate.
He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for the Secretary of the Interior or such officer as he may designate to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination; and the actual and necessary expenses of such person shall be allowed and paid for that service, and $5 a day during the examination in the field; but such examination shall not be protracted beyond thirty days; and in no case longer than is actually necessary; and when the Secretary or such officer, or any person employed in his office at a regular salary, is engaged in such special service, he shall receive only his necessary expenses in addition to his regular salary.
43 U.S Code Chapter 3, Subsection 60 goes on to say, “The stationery and drafting instruments purchased on and after March 3, 1901, for exclusive use of the Secretary of the Interior or such officers as he may designate in the preparation of plats and field notes of mineral surveys, as also the rent of additional quarters that may be necessary for the execution of such work, shall be paid for out of the fund created by deposits made by individuals to the credit of the United States to cover the cost of office work on such mineral surveys.”
Under the 2022 Inflation Reduction Act adopted by the U.S Congress, and Signed by Joe Biden, the law directs the Bureau of Land Management to actively contract to States, Counties, Cities, Tribal Governments, Private Companies to actively engage in commercial development of Natural Resources, Minerals, Land Management of which works side by side with the Secretary of the Interior utilizing its powers under 43 U.S Code to manage those resources, thus collecting a Corporate Excise Tax from private corporations in the business of providing services across the “States” in the name of Telecommunications, Energy, Natural Gas, thus licensing, permitting, and allowing these corporations to go out, and utilize the land(s) for that purpose.
Companies like Summit Carbon Solutions is a federally licensed, permitted corporation directly in the business of providing “energy services”, of which it has taken Federal Monies, Grants, and Subsidies to help push, and promote Clean Air, Water, and Mineral Initiatives across the 50 Sovereign States, all of whom now are further licensing, permitting, the company to actively conduct business within their “Sovereign States”, of which now grants permissions to the State Judges to allow the “Land Surveys” to Proceed forward.
And, knowing that under the former “Act” called the 1841 Preemption Act – much of the lands held within South Dakota, were granted, permitted, and ‘warranted’ by the Federal Government, signed off by the Presidents between 1840 and 1896 to be used in such manner, prescribed by the law itself.
Because much of the land in “Eastern South Dakota” was warranted, granted, patented to Americans under this specific period of time, the authority to collect taxes, and land warrants, transferable certificates issued by the government entitling the holder to a specific tract of public land has remained under the direct authority of the Federal Government itself, leaving now, the Governor of the “State” to simply protect the private interests of State Citizens, adhering to the terms originally set forth by federal state, between 1840 and 1896.
What our South Dakota Governor, our Judges, and Officials and Officers now have to do, is promise to thousands of South Dakota citizens, those landowners of the State, that under our current laws, ‘we’ shall not allow the Federal Govt to manipulate, create an injustice, let alone allow for any foreign actor, or corporation from harming, let alone stripping South Dakota Citizens of their rights, privileges, and obligations to each other…
Protect Private Landowners, Property Holders, Citizens of America