The issue of property rights as it relates to the use of eminent domain for the CO2 pipeline project has become front and center in Iowa politics, because the implications are profound for our citizens. George Washington said it best: “Freedom and Property Rights are inseparable. You can’t have one without the other.” With the announcement that Governor Kim Reynolds will not seek reelection, it is vital that property rights be front and center in the GOP race for Governor.
The Takings Clause of the 5th Amendment of the United States Constitution states that the power of eminent domain should be used only for public use projects, with just compensation for impacted landowners. The Iowa Constitution also makes it clear that this power should only be granted for public use projects. Iowa code goes on to require that such projects must be convenient and necessary for the people of Iowa.
The 2024 Iowa Republican Party Platform is unambiguous on the issue of eminent domain for the CO2 pipeline. Under the Property section it states, “We oppose government using eminent domain to take private property away from the owner for the use of another private party, or for-profit entity.” Under the Commerce section it is even more specific as it relates to the current battle to secure property rights. It states, “We firmly oppose the carbon capture initiative, including carbon pipelines, and recognize the importance of carbon to Earth’s ecosystem.”
It is interesting to note who the “We” are in these platform statements. The “We” are the Republicans of Iowa who wrote this platform and approved what was included in it. The “We” are also the majority of voters in Iowa who now register as Republicans.
In the GOP race for Governor in Iowa, Republican candidates cannot make vague statements such as “I support property rights.” There must be no obfuscation on the issue of property rights and the CO2 pipeline projects.
Citizens must demand that candidates for Governor in the GOP primary be specific on exactly where they stand on the fundamental issue of the use of eminent domain for the CO2 pipeline private economic development project. Vague answers, rope-a-dope, or refusal to answer, are not acceptable responses. The pipeline can be built and agriculture supported without trampling on fundamental property rights, and candidates must be clear where they stand.
Thus far, there are three possible candidates for Governor I am aware of that have come out in strong support of property owners in the CO2 pipeline fight.
Speaker of the Iowa House Pat Grassley, who is considering running for Governor, has been a strong supporter of property rights throughout his lengthy legislative career, consistently voting in support of landowners in eminent domain disputes, while being front and center in the current fight to stop what many believe to be the unconstitutional use of eminent domain for the CO2 pipelines.
House Ways & Means Chair Bobby Kaufmann, also considering a run for Governor, has been a strong warrior for property rights, fighting successfully for landowners before I came to the House, and joining with me in the current fight to protect landowners.
Former State Representative Brad Sherman, who has announced he is running for Governor, has made strong statements in support of landowners, and was part of the fight to protect property rights during his time in the Iowa House.
It was made crystal clear in South Dakota, with the ousting of over a dozen Republican lawmakers in the 2024 primaries who did not support property rights, replaced with Republicans who supported this fundamental right, that the people of South Dakota understand what is at stake. I believe a similar viewpoint exists throughout rural Iowa.
I hope Republican candidates for Governor in Iowa also understand what is at stake, both on this issue and in its implications at the polls.
Republican candidates for Governor must be very specific in their position on the use of eminent domain for the CO2 pipelines. As a citizen of Iowa and a Republican voter, I believe it is essential that our nominee stand in support of the constitutional rights of landowners and our party platform. In fact, I insist on it.
