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Unforgettable: DOJ consultation led to condemnation threat of our land
The Tesoro High Plains Pipeline remains in trespass across the Fort Berthold Indian Reservation In North Dakota.
Condemnation. That was the word that was uttered. It was a direct threat to me and the other allotted landowners. The words were spoken by the Department of Justice, DOJ, representative who was sent to meet with us regarding the Tesoro High Plains Pipeline trespass upon our property on the Fort Berthold Indian Reservation.
The Tesoro High Plains Pipeline, a subsidiary of Marathon Petroleum, has been in trespass on our land since June 2013 without a federally approved right of way. In July 2020, the Bureau of Indian Affairs regional director awarded allottees $187 million in damages. But within a matter of months, the decision was reconsidered, and our short-lived award was dropped to $3.9 million.
The April 21, 2022 “condemnation” meeting was scheduled at the Staybridge Suites conference room in Minot, N.D. It was attended by several allottees, the Bureau of Indian Affairs, and Department of Justice personnel.
“We were there to listen to the goals, objectives, and timeline that the federal government had established for its own agenda and complete resolution to the matter.”
Todd Hall, allotted landowner Fort Berthold Indian Reservation
In an instant, our hopes of a meaningful consultation session – and representation relative to our pursuit of justice according to the law — destroyed. Treaty rights, federal law, policy guidelines, civil rights, human rights, trust responsibility, and fiduciary duty be damned. Like the flash of a lightning bug, my faith and confidence in federal representative’s sincerity and ability to adequately represent our allottee interests’ gone.
Instead, we were there to listen to the goals, objectives, and timeline that the federal government had established for its own agenda and complete resolution to the matter. The DOJ gave us its PowerPoint presentation and said it was basically a “take it or leave it” offer on the table.
If we did not, the matter would go to court, but we would probably end up with less than nothing because Judge Daniel Traynor is “extremely conservative.” The DOJ did not explain what it meant when it said that, but the covert insinuations rang loud and clear; it meant the allottees would not get a fair trial in the federal court system.
“Condemnation was stated with clarity and more than once. Every time that word was mentioned, only one image remained clear in my head.”
Todd Hall, allotted landowner Fort Berthold Indian Reservation
Then came the overt threats of condemnation of our property. The DOJ later denied making any of those statements. It was later stated that the allottees either “misheard or misunderstood what was said.” In other words, we are either liars, stupid, or both, according to Justice Department officials.
The issue of condemnation was raised within the first 10 minutes of the meeting during introductions. It was evident that those we thought were there to help us were sent to look out for the best interests of corporate America and the federal government. It was not intended to protect the land interests of us, the individual tribal citizen. As of March 21, 2023, Tesoro High Plains Pipeline still does not have a valid right of way to cross our land on the Fort Berthold Reservation. We’re approaching 10 years of illegal trespass.
Condemnation was stated with clarity and more than once. Every time that word was mentioned, only one image remained clear in my head.
The image was my Grandpa James Hall, Sr. (fourth from left), and our relatives witnessed the taking of our land with the stroke of a pen.
Deception, ultimatums, and threats of condemnation are not negotiations. Those are fighting words.
Corrections:
Correction on the last name of Judge Daniel Traynor.
Dateline:
DUNN CENTER, N.D.