Surveyors working for WBI Energy may be entering private property along the proposed Bakken East pipeline route without first providing notice or obtaining permission from landowners. At least one landowner came home to find survey crews already on his land, claiming they were “mistaken” about where they were supposed to be—or that they were not scheduled to be there until a later date. I have serious concerns about WBI’s respect for private property rights.
Earlier this summer, WBI sought access agreements from landowners to conduct preliminary civil and environmental surveys for its Bakken East pipeline. Some landowners declined to sign those agreements, exercising their right to keep the company off their property until proper legal procedures were followed. WBI’s “informational guide” claims surveys are necessary for regulatory permitting with the Federal Energy Regulatory Commission (FERC), but that is the company’s need—not yours. You have no obligation to sign an access agreement, and there is no rush despite what a landman might tell you. Pressure tactics are common in these situations. Rather than negotiating or seeking survey access through the courts—as other companies have done—I am worried that WBI may now be taking matters into its own hands by sending survey crews out anyway.
Surveys can have lasting consequences for landowners. They may identify wetlands, archaeological sites, or endangered species habitat—information that can later limit how you use your own property. Allowing access too early, without clear terms, can also weaken your position if WBI eventually seeks to condemn your land for the pipeline, as it has done with other pipelines in North Dakota.
If this is happening to you, it’s important to understand your rights. WBI does not have authority to simply enter private property without any notice or permission. “Asking forgiveness instead of permission” may be a corporate strategy, but it is not the respectful way we do things in North Dakota, and it may not be legal either. You are entitled to demand that WBI respect your property until proper notice and procedures are followed. At a minimum, landowners should be receiving formal written notice before any survey activity takes place.
If surveyors show up on your property without permission, document the incident. Take photos, note vehicle license plates, and contact an attorney experienced in eminent domain and energy law. You can also alert neighboring landowners so they can watch for similar activity.
Landowners have strength in numbers. Coordinated legal representation can help ensure that your rights are protected—whether through negotiation, regulatory proceedings, or, if necessary, litigation. If you’ve been approached by WBI, or if survey crews have entered your property without consent, now is the time to get informed and organized.
Your land is your livelihood and you have a right to defend it.