The Lee County Board of Supervisors sent a formal objection to the construction of a carbon dioxide pipeline as proposed by Navigator Heartland Greenway LLC to the Iowa Utilities Board on June 6, 2022.
The Iowa legislature failed to pass any legislation protecting landowners from the use of eminent domain to complete these pipeline projects.
“The Board has listened to its private citizens and landowners and we agree that the construction of the pipeline not only disrupts the agricultural economy of Lee County, but we are concerned with the safety of our citizens in the event some unfortunate incident should occur,” the letter states. “We respectfully request that the Iowa Utilities Board consider the principles set forth in Iowa Code 6A.21.
“Portions of this code clearly demonstrate the protection of agricultural lands from private development. Unlike natural gas pipelines or fuel pipelines, CO2 pipelines serve no public purpose. The precedent set by granting of eminent domain to projects like this would mean that eminent domain could be used for any number of projects for which it was never intended.”
The board formally asked the Iowa Utilities Board to deny any and all permits and/or eminent domain declarations against landowners in Lee County.
Lee Co Board of Supervisors: “We respectfully request that the Iowa Utilities Board consider the principles set forth in Iowa Code 6A.21. Portions of this code clearly demonstrate the protection of agricultural lands from private development. Unlike natural gas pipelines or fuel pipelines, CO2 pipelines serve no public purpose. The precedent set by granting of eminent domain to projects like this would mean that eminent domain could be used for any number of projects for which it was never intended.”
This is commendable of the BOS to take a stand for their people. However, I would contend that Rights trump Principles. And in Iowa’s Constitution, in Article 1, Bill of Rights, Section 18 explicitly states that eminent domain can only be used on certain specific public use programs. And that it can only be a tried by a jury of peers, who shall also determine the fair compensation amount without regards to cost benefit to the land owner. Typically in Common Law, just compensation is triple damages.
Thus, deferring to the Constitution, the Supreme Law of Iowa is preferable to inferior Codes and Principles.
Principles can be altered at will by anyone with power to do so, including IUB.
Rights are inalienable and can’t, according to common law, be denied without remedy, except by the force of will by tyrants. In which case, we have the right to resist, even if it cost us our lives.
Ergo the phrase, “Give me Liberty or give me Death”. Liberty lovers won’t hesitate to fight, while mental slaves prefer to lick the bootheels of their masters rather than fight for their rights and liberties.