Jun 26 2007 8:42AM

Associated Press
KX News, Bismarck, ND

Bismarck, N.D. (AP) A Walsh County couple and the Dakota Resource Council are trying to stop part of a proposed two (b) billion-dollar crude oil pipeline from going through North Dakota.

John and Janie Capp of Lankin and the D-R-C have asked the state Public Service Commission for a hearing on whether the TransCanada Keystone pipeline is needed. They're citing a constitutional amendment approved by voters last fall.

The amendment bars the state or local governments from forcing the sale of private property for another private project, unless the land is used for "conducting a common carrier or utility business" such as power lines or pipelines.

The D-R-C and the Capps say the Keystone pipeline is not a necessity.

Janie Capp says the pipeline's proposed corridor goes right through a quarter of her farm land. She's certain it will leak and pollute air and water.

The Capps say the pipeline would not benefit the state, but is just passing through.

The hearing sought by the D-R-C and the Capps would be in addition to route permit hearings already set for July 23rd in Valley City and July 24th in Park River.

(Copyright 2007 by The Associated Press. All Rights Reserved.) APNP 06-26-07 0837CDT