Court decision moves DM&E project ahead - Industry Today - Dakota, Minnesota & Eastern - Brief Article

Railway Track and Structures, Jan, 2003

Kevin Schieffer, president of Dakota, Minnesota & Eastern, strongly praised the decision handed down December 9 by the U.S. Federal District Court as "exactly what the DM&E needed" to eliminate the problems created by the 1999 passage of an eminent domain statute in South Dakota.

The court ordered "that the state of South Dakota is permanently enjoined from enforcing" every section of the law, which DM&E testified was detrimental to its project to build 290 miles of new railroad and completely rebuild 600 miles of its existing line. The court specifically found that the law was "unconstitutional" and "poses an insurmountable barrier to the project."

"This decision is a great boost for the project," Schieffer said. He

noted that he will be visiting with elected officials across the state and in Washington to discuss next steps for the project in the wake of the court's ruling, and reinvigorate support to bring the project to completion.