Supreme Court to Hear Landowner Fee Dispute
The justices will weigh whether a private gas pipeline company must cover legal costs for North Dakota ranchers whose land it seeks through eminent domain.
Updated on Nov. 6, 2026 in Utilities
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The US Supreme Court will hear arguments on November 9, 2026, in a dispute over whether WBI Energy Transmission must reimburse legal expenses to North Dakota landowners. The Eighth Circuit overturned a $383,375.76 fee award to the ranchers in March 2025.
Why it matters
The case centers on how compensation is governed when a private company acquires property through eminent domain under federal law. The outcome could shape how landowners challenge proposed easement payments in future pipeline disputes.
A federal district court ordered WBI Energy Transmission to pay $383,375.76 in landowner expenses, a figure the Eighth Circuit later overturned. WBI initially offered roughly half of the property's market value, and the Supreme Court has not yet ruled on whether that fee obligation stands.
The players
WBI Energy Transmission
A private natural gas pipeline company that holds a federal certificate under the Natural Gas Act and exercises eminent domain powers.
Institute for Justice
A public-interest legal organization that represents the North Dakota ranchers in this case.
The details
WBI Energy Transmission, which holds a federal certificate under the Natural Gas Act, began the dispute in 2018 by notifying North Dakota ranchers of its plan to acquire an easement. The parties settled on property value, but legal fees remained contested, and the Institute for Justice represents the landowners while the US government backs WBI.
Timeline
2018: WBI informs landowners of its planned easement acquisition.
March 2025: The Eighth Circuit overturns the $383,375.76 fee award.
November 9, 2026: The US Supreme Court hears the dispute in Washington, D.C.
Industry Context
The dispute turns on the Natural Gas Act's federal eminent domain authority, which the Eighth Circuit held displaces state law on compensation. The Supreme Court's ruling will clarify whether landowners can recover legal costs when pipeline firms take their property.
Landowners facing pipeline easement offers could see their legal costs covered if the Supreme Court sides with the ranchers. A ruling against them would leave property owners bearing their own litigation expenses when challenging compensation.
The takeaway
Property owners contesting eminent domain compensation should track how federal rules on legal fees are decided, since the outcome may change what challenges cost. Consulting counsel early in any easement negotiation can help clarify these exposures.
What happens next
The US Supreme Court will hear the dispute on November 9, 2026, and its ruling will determine whether WBI must cover the landowners' legal fees.
Further reading
For more on the energy infrastructure side of this issue, see Utilities.
Source note: This article includes information reported by The Times of India.
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Should companies taking private land by eminent domain have to pay landowners' legal fees?
