Botsford was allowed to take the stand and answer questions from his legal team regarding the land and his connections to North Dakota. While taking questions under oath, Botsford revealed that he was born across the street from the courthouse. His father was a well-known businessman in Grand Forks, who, ironically, was a farmland appraiser.
Botsford also attempted to tell the court that there is a possible pipeline leak on the property from an older Enbridge pipeline. A soybean field planted by a neighboring farmer who is leasing that particular parcel from Botsford has been trampled while Enbridge looks for a crack in the pipe.
When Botsford mentioned the Enbridge record of over 800 spills and leaks in the past decade, Enbridge objected and the judge would not allow it into the record. A jury will never hear it.
What does this mean?
Botsford lost a significant battle, but has not lost the moral and legal war over his right to deny takings of his property. His family is now one step closer to an appeal to the North Dakota Supreme Court, where hopefully the issue of eminent domain will be examined.
Botsfords' attorney Derrick Braaten said, "The only reason to go through the trial was so that we could get to our appeal."
Braaten explained the process in a short interview after the hearing. The likely timeline to file an appeal is 30-60 days. It will take 6-8 months to complete the briefing and oral arguments, hoping for a court decision to order a trial by next spring. It could take an additional month up to one year for the actual trial.
Can the Botsfords get a stay on pipeline construction pending the completion of the appeal process?
Bratten said they "might" be able to stop construction, but that he had to consult with the Botsfords on how they want to move forward. The subtext is that an appeal process of this magnitude costs money--lots of money that the Botsfords do not have.
The company, North Dakota Pipeline Company LLC (NDPL), is a Delaware limited liability corporation and qualified to do business in North Dakota through the North Dakota Public Service Commission. NDPL is a joint venture between Enbridge Energy Partners, L.P. and a subsidiary of Marathon Petroleum Corporation. Enbridge is a Canadian corporation. Readers can examine the extensive permitting process by going to this link at the North Dakota Public Services Commission website.
North Dakota Pipeline was known as Enbridge Pipelines (North Dakota) LLC, prior to November 25, 2013. The company name changed to reflect Williston Basin Pipeline Company LLC's purchase from Enbridge Energy Partners L.P. of a 37.5 percent interest in the Class B Units of Enbridge Pipelines (North Dakota) LLC. See this document for more background.
Personal Note
As filmmaker Keri Pickett and I scouted the grounds of the North Dakota District Courthouse, it was impossible to avoid the "photo-op" that, flanked by the American flag, towered above the edifice. Lady Justice had a firm grip on the scales of justice, holding our country's moral fate in the balance. This Lady watches over the distinction between truth and lies, and our legal system is designed to establish truth.
But does this always happen?
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