Bill would ban eminent domain in some cases

A bill proposed by O'Brien County's representative in the Iowa Senate would halt the use of eminent domain to complete privately-funded projects.

Sen. Jeff Taylor, R-Sioux Center, last week introduced Senate File 2160, which would gut the Iowa Utilities Board's (IUB) power to grant eminent domain for projects of private companies. Taylor said the bill is in response to complaints from farmers and local governments in northwest Iowa regarding two proposed carbon dioxide pipelines by Summit Carbon Solutions and Navigator CO2 Ventures. Both projects would pass through O'Brien and Clay counties, and both companies would need to use eminent domain procedures if they fail to receive voluntary land easements from 100 percent of property owners along the route.

"I've listened to concerns expressed at county Farm Bureau meetings and I've read letters of opposition to eminent domain sent to IUB by the boards of supervisors of most of the counties I represent," Taylor wrote in his weekly newsletter. "Your voices have been heard and I am trying to help."

The bill has been assigned to the Senate Commerce Committee. Taylor is not a member of the committee, but he said in a recent radio interview with KLEM he has been in contact with colleagues who are.

The bill has received support from landowners affected by the pipelines as well as environmental groups like the Sierra Club of Iowa that oppose Summit and Navigator's projects. The O'Brien County Board of Supervisors, along with several other boards of supervisors in other counties, sent a letter to the IUB in December expressing opposition to the use of eminent domain for both projects.

Rep. Tom Jeneary, R-Le Mars, also introduced companion legislation to Taylor's bill in the House. Taylor believes Summit and Navigator's projects go beyond the scope of projects that are more commonly affiliated with eminent domain procedures, like public utilities, that benefit the general population.

He said those projects would be unaffected if his bill becomes law.

"Regardless of the economic or environmental merits of these specific pipeline projects, including benefit to the ethanol industry and trickle-down benefit to corn growers, there is neither constitutional nor ethical justification for government to use its coercive power to seize private land or force an easement primarily for the benefit of wealthy, well-connected business owners," Taylor said.

Both Summit and Navigator are in the process of completing procedural steps with the IUB gain approval. If completed, O'Brien County would have 97.05 total miles of pipe running through it while Clay County would have 76.21. Both projects are hoping to break ground within a year or two.