NEWS

Wausau couple wins North Dakota pipeline fight

Nora G. Hertel
USA TODAY NETWORK-Wisconsin

WAUSAU - A Wausau couple is no longer worried about an oil pipeline passing through their North Dakota property or the tens of thousands of dollars in legal fees they racked up fighting the pipeline company.

James and Krista Botsford pose for a photo outside a cabin on their Wausau property on Aug. 28, 2016.

The North Dakota Pipeline Co. resolved its lawsuit against James and Krista Botsford Tuesday. It agreed to pay $82,600 for the couple's attorney and release the easement on their land near Grand Forks, N.D.

James Botsford feels vindicated. "This is a total victory," he said.

The Botsfords were prepared to fight the lawsuit before the U.S. Supreme Court if it went that far. They refused to accept a deal with Enbridge Energy Co. to allow construction of the Sandpiper Pipeline through their land. The proposed 616-mile pipeline was slated to run from western North Dakota across Minnesota to Superior, Wisconsin.

Enbridge's subsidiary, North Dakota Pipeline Co., sued the Botsfords in late 2015 to use their land for the Sandpiper.

The company claimed eminent domain, which was granted to it by the state of North Dakota. Eminent domain allows governments to take private property for public use, so long as the land owner is fairly compensated.

The case was scheduled to go before the North Dakota Supreme Court later this month. In the last week, attorneys for the company sought a resolution with the Botsfords. Shortly before that Enbridge announced it would suspend plans on the Sandpiper line.

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A construction worker specializing in pipe-laying sandblasts a section of pipeline on July 25, 2013 outside Watford City, N.D. Enbridge Energy Co. sought to build an oil pipeline stretching from North Dakota to northwestern Wisconsin.

Enbridge released a statement Tuesday: "This decision aligns with our recent decision to defer the Sandpiper Pipeline Project until market conditions support the need for additional pipeline infrastructure."

The company was able to negotiate easements with 95 percent of the private landowners on the North Dakota portion of the Sandpiper, according to the same statement. "Enbridge will retain those easements it has secured in accordance with those agreements."

North Dakota's oil boom is starting to wane as global oil prices drop. And throughout the Midwest, Native American tribes, conservationists and other landowners are protesting the expansion of oil pipelines.

Since April members of the Standing Rock Sioux and others have set up a protest camp in the path of the Dakota Access Pipeline. It's drawn thousands of protesters. Over the weekend they clashed with private security guards.

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Enbridge is pursuing partial ownership of the Bakken Pipeline System that includes the Dakota Access Pipeline, running from North Dakota to South Dakota, Iowa and Illinois. Supporters of pipeline expansions say they create jobs and transport oil more safely than trains.

James and Krista Botsford didn't want to allow the Sandpiper Pipeline through their land, because they're concerned about climate change and potential oil spills. They also object to the use of eminent domain by a private company.

Next week James Botsford plans to visit and speak about his experience at the Dakota Access Pipeline protest camp.

"I would hope it gives encouragement to other people engaged in a similar battle. It's Goliath versus David," Botsford said. "Our victory shows if you're right, and you stick with your principles, sometimes you will prevail."

Enbridge will provide $82,600 toward the Botsford's legal fees. There are some costs not eligible for reimbursement, Botsford said. He hopes the $10,000 he and his wife raised for their legal fees will cover the remainder.

The Botsfords property in North Dakota is in the way of Enbridge Energy Co.'s proposed Sandpiper Pipeline.

Nora G. Hertel: nora.hertel@gannettwisconsin.com or 715-845-0665; on Twitter @nghertel