The battle for private property rights in the dispute between many Iowa farmers and landowners and the carbon capture pipeline companies continues to build. I will give an update here and try not to repeat what I’ve said in previous newsletters regarding constitutional and legal issues, impact on farmland, and safety issues.
On August 22nd, Summit Carbon will come before the Iowa Utilities Board with its request for a permit to be approved to build out its pipeline in Iowa. That request includes asking for the permission to exercise the power of eminent domain to force unwilling landowners to allow Summit an easement to build the pipeline through their property. The hearing will be held at the Cardiff Event Center in Ft. Dodge and start at 10 am.
Several legislators and myself (20 of us) have as a group, become “intervenors” along with 416 other landowners. Counsel representing us in this intervention is attorney and State Rep. Charles M. Thomson of Charles City. Being an “intervenor” means our testimony will be an official part of Summit’s legal hearing before the Iowa Utilities Board (IUB). There are 417 intervenors in all, the largest-ever number of intervenors for an IUB hearing in Iowa history.
A little over 1000 parcels, or about 1/3 of Summit’s route in Iowa, have yet to be signed. The landowners of the rest of the parcels have voluntarily signed an easement with Summit. This means that Summit will be asking for the power of eminent domain against the owners of 1000 pieces of ground, mainly farmland. That’s a lot. Summit is asking for the power of eminent domain for 1/3 of its route in Iowa. Let that sink in. Again, a lot.
Court action on this issue is mixed. A northwest Iowa judge ruled that Iowa law allowing the carbon pipeline companies to come onto private property to survey it without compensation is unconstitutional. A favorable ruling for landowners. A federal judge in western Iowa ruled that counties and cities that issue regulations regarding pipeline safety cannot be enforced because they conflict with federal and state law. A favorable ruling for the pipeline companies.
The Midwest Coalition, a group of impacted landowners and allies from Iowa and other Midwestern states affected by the pipeline, is going to be renamed the Free Soil Coalition. The Executive Director will be Trent Loos from central Nebraska. They will be coordinating efforts of landowners.
Here is a map of all 3 carbon pipeline companies’ proposed routes in the Midwest: Summit Carbon, Navigator CO2, and Wolf Carbon. Below those are maps with a closer look at Summit & Navigator proposed routes in Iowa:
Summit Proposed Route in Iowa:
The black line running north and south through Mitchell and Floyd counties is a brand-new line Summit is proposing. It runs from St. Ansgar and joins the main Summit line near Rockford. Summit will hold informational meetings on that proposed line on Aug. 8th from 12pm-3pm at the Cedar River Events Center in Osage and the same day from 6 pm-9pm at the Floyd County Fairgrounds near Charles City.
Navigator Proposed Route in Iowa:
At this time we are urging the public concerned about this to continue to contact their legislators, even those not in their area, talk to friends and neighbors, write letters to the editor in papers all over the state, and attend meetings GOP presidential candidates are holding throughout Iowa to first educate them on the issue and then to urge them to stand with the landowners. This will help raise public awareness of this issue and continue to bring this before elected officials, legislators, and the governor.
Even though this is an Iowa or Midwest-specific issue it is a very important one. How strongly we uphold the constitutional protections of our private property rights will eventually affect the entire country. So it is important for the president to weigh in with his views.
Who will the presidential candidates stand with? Well-financed companies and political donors or farmers, landowners and We the People?
I don’t know a presidential candidate who has yet taken a clear position on this issue. I would imagine they would have to get educated on it first. Their stance would tell you a lot about their strength on constitutional rights.
Private property rights affect every one of us, not just the landowners and farmers who have the misfortune of their land being in the way of the pipeline. If any one of us has his property rights damaged, we all have our property rights damaged. It may not be you today, but it could be you tomorrow. So we all must speak up.
I’m at a loss to understand why the courts are mixed in their responses, and how any politician or presidential nominee for that matter, would not protect the personal property rights of US citizens.