Minnkota Power Cooperative, Inc. v. Anderson
2012 ND 105
| N.D. | 2012Background
- Minnkota proposed a 250-mile transmission line from Center to Grand Forks, ND and sought right-of-way easements via option agreements; property owners who declined were asked to allow testing and surveying for feasibility; Minnkota filed petitions to enter Wells and Sheridan County properties; landowners moved to dismiss arguing Minnkota isn’t eligible to seek eminent domain; district courts granted Minnkota’s access petitions and denied dismissal; the central issue was whether Minnkota, a foreign cooperative, may exercise eminent domain under North Dakota law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Minnkota may exercise eminent domain in North Dakota. | Minnkota (foreign coop) entitled under ND law §10-13-03(7) and §10-15-52. | Appellants contend Minnkota lacks authority under §10-13-03(7) when organized as a foreign coop. | Yes; Minnkota may exercise eminent domain under §10-13-03(7) and §10-15-52. |
| Does §10-15-52 grant foreign cooperatives the same rights as in-state cooperatives? | §10-15-52 gives foreign cooperatives all rights of a cooperative organized for same purposes. | Statutory construction limits foreign cooperatives’ rights via §10-15-60 and chapter definitions. | Yes; §10-15-52 unambiguously grants the same rights. |
| Is §10-15-60 exclusion applicable to Minnkota’s eminent domain authority? | Legislative history shows purpose to preserve electric cooperatives under specific chapters. | §10-15-60 excludes certain chapters; argues Minnkota’s authority is restricted. | No; §10-15-60 does not defeat Minnkota’s eminent domain power via §10-15-52. |
Key Cases Cited
- Square Butte Electric Coop. v. Dohn, 219 N.W.2d 877 (ND 1974) (entry to survey for eminent domain requires entitlement to seek it)
- Johnson v. Wells Cnty. Water Bd., 410 N.W.2d 525 (ND 1987) (legislature controls time, manner, and occasion of eminent domain)
- Wallentinson v. Williams Cnty., 101 N.W.2d 571 (ND 1960) (strict construction of eminent domain statutes; leave owner with greatest estate)
- Nelson v. Johnson, 2010 ND 23 (ND 2010) (statutory interpretation; plain language governs)