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MINOT, N.D. — A North Dakota landowner is asking the U.S. Supreme Court to take up his challenge of an energy company taking some of his land for a proposed natural gas pipeline near Minot.

Montana-Dakota Utilities seeks to build a 3,000-foot-long pipeline to service a BNSF Railway facility. MDU needed eminent domain to cross private land, but a North Central district judge ruled in 2018 that harm to private landowner Lavern Behm outweighed any public benefits from the pipeline.

The North Dakota Supreme Court reversed that this spring, ruling that the lower court misapplied state law when it decided that a taking was not necessary for a public use.

The U.S. Supreme Court takes up only a tiny fraction of the petitions it receives each term.

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