For three consecutive sessions, my colleagues in the Iowa House and I have been working to provide some protections for landowners facing the threat of eminent domain for CO2 pipeline projects in Iowa.
Let’s Recap
In 2023, we passed a bill requiring carbon capture pipeline companies to reach voluntary easements for 90% of the land on their route before they could seek to use eminent domain. That bill unfortunately didn’t pass the Senate.
In 2024, we passed a bill that would allow landowners who are subject to eminent domain from CO2 pipeline companies to challenge the legitimacy of those requests in court earlier in the permit process. Once again this bill died in the Senate.
This week, we passed two bills containing quite a few policies to provide landowners with some protections.
House File 943: No Eminent Domain for CO2 Pipelines
House File 943 truly gets at the crux of the issue. This bill prohibits the taking of agricultural land for a pipeline transporting liquified carbon dioxide. This is not about opposing the pipelines, but about opposing the use of eminent domain to construct the pipelines. Pipeline companies should not be able to use the heavy hand of government to abuse landowner rights for private gain.
House File 639: Pipeline Policies
House File 639 contains a number of policies aimed at protecting landowners, including:
- Requires hazardous liquid pipelines to have insurance to cover potential damage, including injury and property value reduction.
- States that if individuals face increased insurance, or are unable to get insurance, due to the pipeline, the pipeline owner must provide insurance or reimburse the individual for additional costs.
- Provides stronger safeguards to ensure that only legitimate public uses are recognized to request eminent domain.
- Mandates that all members of the Iowa Utilities Commission must be present during hearings related to public utility regulation, electric transmission lines, and pipelines.
- Allows Iowans who are impacted IUC action to intervene in actions. Many Iowans have been prohibited from speaking even though they will be impacted by IUC actions.
Protecting Landowners
For many in our caucus, there is nothing we have heard more often than the call from landowners to protect their private property rights. I am hopeful that with enough feedback from Iowans, the Senate will give these two bills a fair hearing in their chamber this year.
