An attorney for Iowa landowner Kent Kasischke argued before the Iowa Supreme Court on Tuesday that Summit Carbon Solutions violated his constitutional rights with its intrusive and illegal survey practices for its proposed multi-state hazardous liquids pipeline.
Kasischke was one of hundreds of landowners who refused to let Summit survey their properties for the company’s unwanted carbon pipeline project. Summit then sued several landowners including Kent, seeking survey access to his land.
Kasischke is a member of the Iowa Easement Team, a legal co-op formed by impacted landowners opposed to the project who face eminent domain taking of their land if the pipeline obtains all necessary permits. He is represented by Brian Jorde with Omaha-based Domina Law Group, who also represents more than 1,000 landowners across multiple states who are opposed to Summit’s proposed project.
Kasischke’s challenge before the Iowa Supreme Court involves whether surveying is a taking requiring just compensation to the landowner. During Tuesday’s oral arguments, attorney Brian Jorde argued that Iowa’s law is unconstitutionally broad and enables corporations like Summit to trample landowners’ property rights, and the court should strike the law or else narrow the scope of surveys to be minimally invasive.
On Tuesday, landowners, environmental groups, property rights advocates, county officials and legislators also held a rally at the Iowa State Capitol to support Kasischke on his day at the Supreme Court.
A decision from the Iowa Supreme Court in the case is expected to come before the end of its current term ends in June 2025.
“No Iowa landowner believes they are unable to exclude from their land a hazardous liquid pipeline speculator, desiring to conduct any kind or nature of surveys and examinations anywhere at any time on their property. We hope the Supreme Court agrees,” said Brian Jorde, attorney for landowner Kent Kasischke with Omaha-based Domina Law Group.
“We are encouraged by South Dakota’s Supreme Court decision affirming landowner rights. Summit surveyed our property without our knowledge and faced no recourse. We hope the Iowa Supreme Court will stand with landowners, just as the South Dakota Supreme Court did, to ensure others have protections against unwanted surveys,” said affected landowner Cindy Hansen.
“Landowners impacted by the proposed Summit pipeline project have spent three years fighting for justice. Two months ago, we saw the South Dakota Supreme Court affirm that landowners have a say in what occurs on their property. Now, we hope to see the Iowa Supreme Court follow South Dakota’s footsteps by upholding our fundamental property rights,” said Emma Schmit, Pipeline Fighters Director, Bold Alliance.
