Landowners Urge Reynolds to Pass Bill Limiting Eminent Domain for CO2 Pipelines

By Cami Koons

Gov. Kim Reynolds has just two weeks to either sign or veto a controversial bill that would impact carbon dioxide pipelines in Iowa. 

On a Friday press call, landowners urged Reynolds to uphold Iowa and GOP values around property rights by signing the bill into law. 

House File 639 advanced from the Senate May 13, following four years of effort from a group of landowners and House lawmakers. The bill would do a number of things including require carbon sequestration projects prove they are a common carrier, in order to use eminent domain. 

The legislation, and landowner support, comes largely in response to a proposed carbon sequestration pipeline project, the Summit Carbon Solutions pipeline, that would connect to nearly 60 ethanol plants and pipe the sequestered carbon dioxide through Iowa and surrounding states to underground storage in North Dakota. 

Those opposed to the project say a private company should not be given the right to condemn agricultural land. South Dakotans recently codified that opinion with a law that specifically bans CO2 pipelines from the right of eminent domain, which has caused Summit to reevaluate its path through the state. 

Marty Maher, an affected landowner from Montgomery County, urged Reynolds to uphold the Iowa Republican platform, which opposes the use of eminent domain by the use of a private party or for-profit entity.

“Do party platforms mean anything to the elected Republican officials, or are platforms just feel-good projects for the party faithful?” Maher asked. 

Maher said the bill “levels the playing field” between landowners, neighbors and the utilities commission.

“I am sure that you want to be remembered as the governor that supported common sense property rights in Iowa and leveled the playing field for all residents in the state for many years to come,” Maher said, addressing his comments to the governor. 

Mary Powell, a Shelby County landowner, shared a similar sentiment and recalled times the governor quoted Iowa’s motto, “Our liberties we prize, and our rights we will maintain.” 

“Like many Iowans, I appreciate Gov. Reynolds stating the Iowa motto is a belief and not empty words, but Iowans need action,” Powell said. “We need Gov. Reynolds to sign 639 into law.” 

Reynolds said last week on Iowa Press she was meeting with stakeholders on both sides to determine her stance on the bill.

Another Shelby County landowner, Cindy Hansen, said on the Friday call that she and other landowners met with the governor and her advisory team Thursday evening to share their point of view. 

Hansen said the governor did not ask any questions or give an indication as to how she would act, but did listen to the landowners’ perspective.

The bill would also increase the insurance requirements for CO2 pipeline operators to cover any accidental or intentional discharges and any insurance rate increases landowners face because of the pipeline. The bill additionally requires Iowa Utilities Commissioners to be present at all hearings and expands the scope of who may intervene in IUC proceedings.

Meghan Sloma, said on Friday’s call that as a neighbor to the pipeline, she was not allowed to testify in the IUC hearings because it didn’t go through her property, even though she would be “very much affected” by the pipeline. 

“I think that’s very important, that the right that I have for my voice to be heard regarding what happens to my land, that it be protected,” Sloma said. “To me, it is just basic fairness and equality.” 

Sloma said while the pipeline project brought up the need for this legislation, the bill is not “anti pipeline” or “anti progress.” 

Opponents of the bill include farming organizations like Iowa Corn Growers Association and the Iowa Renewable Fuels Association, who argue the legislation would stop Iowa from entering the ultra-low carbon ethanol market. 

This loss of market, they argue, would in turn hurt Iowa farmers and the state’s economy. IRFA also argued in a press conference last week, that the bill has a slew of “unintended negative consequences.”  

Iowa Capital Dispatch is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. Follow Iowa Capital Dispatch on Facebook and Twitter.