(The following article by Kate Turnbow was posted on the Capital Journal website on October 12.)
HERMOSA, S.D. — The Dakota, Minnesota, and Eastern Railroad has officially begun the process of acquiring the land it needs to build new track by sending letters to landowners, which they have been told may result in eminent domain condemnation proceedings.
For the DM&E’s proposed project, about 200 miles of new track will need to be laid through South Dakota, from Wall to the Wyoming border, according to Veronica Edoff, who ranches near Hermosa. She recently received one of the many letters sent out to those who have refused to sign an agreement with the DM&E for acquisition of their land.
The letters state that they are purposed to “establish a process” by which DM&E will complete the required surveys associated with the project.
“But this isn’t just permission to enter our property, it’s a contract to tie us up forever. It says the agreement is binding upon our successors, which is our kids. And it will tie up adjoining property,” said
Duwayne McGee and Ruth McGee, ranchers near Newcastle, Wyo., said they received their letter on Saturday, and when Ruth phoned Elisabeth Hollman, the agent for the DM&E railroad, she was told that she would be hearing from the DM&E’s attorney in two weeks if she did not sign the agreement.
“We’ve been on this place since 1935, it’ll cut our property in half, and it’ll never be back to the way it was. It’ll devalue this country something terrible.” said Duwayne McGee.
Nancy Darnell, also a Wyoming rancher, said, “They don’t have their permits for eminent domain from the U.S. Army Corps of Engineers, but they are still trying to scare people by saying that.”
Jafar Karim, spokesperson for the DM&E, said that the company does have the permits, and that there are enough compelling reasons for the Federal Railroad Administration to approve the $2.3 billion loan the company has requested for the project, which is why his company is proceeding despite no official decision on the loan.
“And we have too many farmers and manufacturers waiting for the project, so we need to begin proceedings now,” said Karim.
Edoff said, “For those farmers who were promised 20 cents a bushel or more for their grain because of the project, they haven’t been paying attention. The trains aren’t going to stop at those little towns anymore for them to drop off their grain. And I don’t know that they will recover the full 20 cents after they drive to one of the bigger towns to drop it off.”
She continued, “I’m not signing anything, and they won’t get on my property without a court order. It’s a slap on the face for the federal government to use my tax dollars to impose eminent domain on my property and say they know the best economic use of my private property, when my business is going to suffer and have a railroad through the middle of it.”
Karim said he thought that the non-compliance on the part of landowners was a “death by delay tactic.”