8th Circuit decides N.D. cases Monday, March 24, 2025
The 8th Circuit Court of Appeals decided two North Dakota cases on March 24, 2025.
1. United States v. Daniel Cisse. U.S. Court of Appeals Case No: 24-1205. The Court of Appeals affirmed the judgement of the district court.
View the court's decision here: https://ecf.ca8.uscourts.gov/opndir/25/03/241205U.pdf
2. WBI Energy Transmission, Inc. v. 189.9 rods in Twsp. 149. U.S. Court of Appeals Case No: 24-1693. The Court of Appeals vacated an attorney-fee award.
View the court's decision here: https://ecf.ca8.uscourts.gov/opndir/25/03/241693P.pdf
Justia Opinion Summary - https://connect.justia.com/case-law-summary-newsletters
WBI Energy Transmission, Inc. sought to build a natural gas pipeline through McKenzie County, North Dakota. After obtaining a certificate of public convenience and necessity from the Federal Energy Regulatory Commission, WBI attempted to acquire the necessary easements through voluntary sales. When one family refused to sell, WBI filed a federal condemnation action under the Natural Gas Act. After three years of negotiations, the parties agreed on the amount of just compensation for the easement, but the issue of attorney fees remained unresolved.
The United States District Court for the District of North Dakota ruled that WBI was responsible for the family's attorney fees based on North Dakota law, which allows for such fees in condemnation proceedings. The district court relied on the precedent set by Petersburg School District of Nelson County v. Peterson.
The United States Court of Appeals for the Eighth Circuit reviewed the case and determined that the availability of attorney fees depends on whether state or federal law governs the compensation due. The court concluded that federal law applies because WBI was exercising the federal eminent-domain power delegated under the Natural Gas Act. The court noted that the Fifth Amendment's requirement for just compensation does not include attorney fees unless explicitly provided by statute. The Natural Gas Act does not mention attorney fees, and thus, the default rule under the Fifth Amendment applies. Consequently, the court vacated the district court's award of attorney fees, holding that WBI is not obligated to pay the family's attorney fees.