Landowners facing the seizure of their property via eminent domain for proposed CO2 pipeline projects in Iowa applauded the Iowa State Senate for passing a carbon pipeline bill.
While the legislation does not fulfill landowners’ primary goal of prohibiting the use of eminent domain for CO2 pipelines entirely, HF639 will compel carbon pipeline companies to prove they are a “common carrier” before authorizing eminent domain authority, and creates an insurance mandate to protect landowners. It also compels all Iowa Utilities Commission members to be present at all pipeline hearings, and empowers state lawmakers and city and county officials, along with “any resident with a minimally plausible interest” to file as intervenors in permit application proceedings. The law also prohibits the IUC from renewing a carbon pipeline permit, and sets the permit expiration date at 25 years.
Under the new law, the first phase of Summit Carbon Solutions’ proposed carbon dioxide pipeline in Iowa does not meet the new definition of common carrier, as the record before the Iowa Utilities Commission showed that 100% of the CO2 that would be transported from contracted ethanol plants would be owned by Summit — placing in doubt Summit’s ability to use eminent domain for this phase.
The vote in the Iowa State Senate moves the bill to the desk of Gov. Kim Reynolds, who has received $150,000 in campaign contributions over the years from Summit Carbon founder Bruce Rastetter.
This bill’s hard-fought passage follows four years’ worth of past efforts by landowners and advocates to have their concerns about private property rights and eminent domain abuse heard by their elected representatives in Iowa.
Landowners are now calling on the Iowa House to amend the budget and include a ban on eminent domain for carbon pipelines and to hold up the budget until Governor Reynolds signs the bills into law.
“We’ve spent countless hours, miles and dollars trying to protect our century farm and legacy. We appreciate all the Senators who stuck their neck out for us and for property rights,” said Cindy Hansen, landowner in Shelby County and member of the Iowa Easement Team landowners legal co-op.
“Four years ago everyone said passing a bill was impossible and look where we are now. Organized people who have everything on the line can beat big money. We still have work to do to ensure Iowa bans eminent domain for carbon pipelines. We will be back in 2026 to fight for a ban if they don’t do it before the end of the 2025 legislative session. This will be a leading election issue,” said Jess Mazour, Conservation Coordinator, Iowa Chapter of the Sierra Club.
“The deck has been stacked against landowners in Iowa. Our land, our communities, and our rights have been sacrificed in favor of corporate interests. HF639 is a step in the right direction, and far from the last victory we intend to see. The people of Iowa can agree that if a pipeline can’t be constructed without the threat of eminent domain, then it shouldn’t be built at all and it’s time our laws reflect that,” said Emma Schmit, Pipeline Fighters Director at Bold Alliance.
