Eminent domain debate reignites in Iowa with new pipeline bill

By Natalie Reittinger

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    DES MOINES, Iowa (KWWL) — Property rights and eminent domain are under discussion again in the wake of a new legislative proposal concerning pipeline projects. The issue resurfaced after Gov. Reynolds vetoed a similar bill last year.

The current proposal, listed as House Study Bill 507, aims to prevent the use of eminent domain for acquiring right-of-way for constructing or operating pipelines primarily meant for transporting carbon dioxide.

Eminent domain allows the government or its agent to seize private property for public use, with compensation. However, there has been ongoing debate over its application to pipeline projects, and no consensus has been reached.

Under current Iowa law, property owners may be compelled to allow easements on their land for projects deemed in the public interest, with compensation determined by a county commission. Disputes often arise over whether carbon pipelines serve the public interest.

Sherry Webb, a farmer from Shelby County, expressed support for the bill. “Our farm is in Shelby County. We appreciate all the work you’ve done on this, thank you very much representatives. House Study Bill 507 is a fair and reasonable bill. It gives the pipeline the ability to find a route, and landowners a right, which they deserve, to say no,” Webb said.

Summit Carbon Solutions, a company seeking pipeline approval, opposes the bill. Jake Ketzner of Summit Carbon Solutions stated, “We support widening the corridor to allow for route adjustments to make this possible and significantly reduce any deeper eminent domain. However, in certain cases, like how you exit an ethanol plant, crossing rivers or roads, there might be only one option for the route, which is why this bill doesn’t work. Unfortunately, this bill would eliminate new and emergent low carbon markets for Iowa ethanol like sustainable aviation fuels.”

The House Judiciary Subcommittee has voted to advance the bill to the full committee. This action comes seven months after Gov. Reynolds vetoed a previous bill that would have introduced additional complications for proposed pipelines.

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