Judge nixes pipeline plan for flooded North Dakota lake
“A district judge has put a stop to plans for a $6 million pipeline to relieve chronic flooding at Rice Lake in north central North Dakota.
The Rice Lake Recreation Service District does not have the authority under state law to use eminent domain to obtain land along the proposed 11.5-mile route of the pipeline to transfer excess lake water into Douglas Creek, Judge Richard Hagar said in his ruling.
“If the Legislature wanted to give municipalities and recreation service districts condemnation powers for flood control projects they would have specifically laid out flood control projects as part of the statute,” the judge wrote. “RLRSD argues they have statutory eminent domain or condemnation authority to take property for a flood control project. This court disagrees.””
Bismark Tribune 10 June 2014.