Concerned Iowa landowners are asking the legislature for a chance to get a determination on the use of eminent domain before the construction of a project begins rather than months or years after. That’s why a number of them showed up to the Capitol for the House Ways and Means Committee meeting on Tuesday.
House File 2522 passed through both subcommittee and committee. The bill allows for a declaratory judgment to be sought by both parties in the case of eminent domain.
Landowners from across the state lamented the current process, which they simply cannot afford compared to big-money companies like Summit Carbon Solutions.
Legal fees, travel expenses and time are all investments land owners have been forced to find during the last three years as they battle for their private property rights.
Cynthia Hansen, a century farm owner from Shelby County, said her family has worked to protect their land for more than 124 years.
Hansen said landowners cannot fathom why Iowa lawmakers would allow a private company to utilize eminent domain for their own private gain.
“We need a chance for the courts to help us,” she said. “We’re not rich people.”
Sherry Webb said she has put more than 10,000 miles on her truck between meetings, advocating at the Capitol and attending IUB hearings in Fort Dodge. Her family has sixth- and seventh-generation landowners behind them and they’re worried that if the carbon capture pipelines go through their grandchildren will have to sell their land due to liability concerns.
“We can’t get insurance,” Webb said. “They could all go bankrupt.”
She said her grandma did not want the family to sell the land.
Victoria Sinclair, who spoke on behalf of Land of the Free Action, said the bill will not stop pipelines and it will not give the legislature control over pipeline routes.
“All this bill does is change the order of the process from the existing process,” she said.
Sinclair said it is “ridiculous” that the court process could take five, seven or more years while work is being done.
“This is the least the legislature could do to ensure that we’re protecting the property rights of Iowans across this state,” she said.
Jess Mazour of the Iowa Chapter of the Sierra Club said a coalition of unlikely allies has come together to oppose the carbon capture pipelines. She expressed a desire to see the bill strengthened so an appeal can play out prior to construction beginning.
Thus far, the Iowa Utilities Board process has been a “massive injustice,” Mazour said. Landowners and counties do not have the amount of money that would be necessary to get through the appeal process.
Republican State Rep. Bobby Kaufmann agreed the bill is the “bare minimum” the state could do.
Democrat State Rep. Dave Jacoby said it is “nice” to pass a bill that directly helps Iowa families and is bipartisan.
In his closing, Kaufmann thanked the landowners for testifying and said both House Republicans and House Democrats would not stop fighting for their private property rights.
The bill advanced out of committee on a 23-0 vote.
