LINCOLN, Neb. (DTN) -- Brown County, South Dakota, farmers Jared and Tara Bossly asked a state court on Thursday to award damages for trespassing, nuisance and other violations that they allege Summit Carbon Solutions caused while conducting surveys for a proposed carbon pipeline on their land in 2023.

The South Dakota Supreme Court ruled in recent years that state law "authorizes only minimally invasive superficial inspections that, at most, cause minor soil disturbances."

In a lawsuit filed in the Fifth Judicial Circuit Court in Brown County this week, the Bosslys, who farm the same land that has been in the family for more than 100 years, allege Summit workers conducted geotechnical deep drilling on their farm.

The state court's previous ruling found that such activities would constitute unconstitutional "takings."

The family has asked the court to set a jury trial to determine damages, according to the lawsuit.

The Bossly family has been vocal critics of the Summit project that would include building a 2,500-mile pipeline across several states and connecting it to more than 50 ethanol plants to capture and store carbon.

In June 2022, Summit notified the family that they would be surveying their property without consent, which is allowed by state law. In July, the Bosslys sued Summit in an attempt to prevent entry to their property in northeast South Dakota.

In April 2023, a circuit court authorized limited survey access to Summit, and the family appealed the ruling. According to the latest lawsuit, Summit continued to enter the land and conduct "invasive" activities in May and June of 2023, although the case remained under appeal.

In August 2024, the state supreme court reversed the lower court ruling that Summit's activities were not authorized.

In conducting the geotechnical work, Summit used track-mounted drilling rigs and various drilling equipment, removed soil samples for testing, permanently backfilled holes with "foreign" cement-bentonite mixture, and used armed security to keep the Bosslys at least 300 feet from their own property.

"It was a terrible day," Jared Bossly said in a statement.

"I was a hostage on my own property. There was nothing I could do. I would never want anyone else to feel that way on their own land. We are bringing this case in hopes a Brown County jury will do justice by finding Summit and the other defendants liable for what they did."

In a news release from the attorneys filing the lawsuit, they said the action was taken to address issues not previously before the state's supreme court.

"Defendants knew the circuit court order was under appeal at the time they entered the Bossly property and conducted invasive activities thereon," the lawsuit said.

"Summit and TRC (TRC Companies, provided survey services) knew or should have known it did not have the legal right to engage in the 'deep testing' and 'geotech' activities Summit chose to conduct on the Bossly property."

The lawsuit also provides photos of surveillance cameras on the Bossly property that allegedly show Summit or other personnel entering a tool shed on the Bossly property without authorization.

In addition, the lawsuit alleges that on May 3, 2023, Tara Bossly was home alone, taking a shower, when a Summit representative opened the front door of their home and yelled inside the house.

"The unknown male's voice and yelling startled Tara and scared her," the lawsuit alleges.

"After the yelling stopped, Tara, who was startled and afraid, exited the shower and called Jared."

According to the news release from the Bossly attorneys, when they were prevented from monitoring the drilling on June 6, 2023, the local sheriff's department, along with Bossly neighbors, were on site.

Ed Fischbach, a farmer and a member of Dakota Rural Action, was on site that day.

"Summit has left a lot of damage in its path here in South Dakota and I am proud of Jared and Tara for having the courage to bring this case and we need the community to stand behind them," he said in a statement.

The company has since changed CEOs and has in recent months been working to improve relationships with landowners across North Dakota, South Dakota, Minnesota, Iowa and Nebraska.

In South Dakota, the state most recently passed a law prohibiting the use of eminent domain to build carbon pipelines.

In September, new Summit CEO Joe Griffin announced a new, detailed plan, https://www.dtnpf.com/….

Todd Neeley can be reached at todd.neeley@dtn.com

Follow him on social platform X @DTNeeley

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