Serving O'Brien & Clay Counties
Serving O'Brien & Clay Counties
To the editor:
Eminent domain is a hot-button issue. Three investment companies – Summit Carbon Solutions, Navigator Heartland Greenway, and Wolf Carbon Solutions/ADM – are seeking permits for hazardous CO2 pipelines that will cross thousands of acres of Iowa farmland. Several landowners have voluntarily signed easements, but many others, like me, adamantly refuse to sign. Consequently, we are being threatened with land condemnation and eminent domain if the Iowa Utilities Board approves the permits.
Hazardous, privately-owned, CO2 pipelines do not meet the caveats for eminent domain clearly outlined in both the United States and Iowa constitutions. Only the government can legally take possession of privately owned land, and then only for public use and with just compensation. One private entity cannot take property from another private entity without consent.
Summit, Navigator and Wolfe/ADM are privately owned; they are not part of the government. Their filings for permits are not a public necessity. Unlike water lines, fiber optics, oil and natural gas, nothing these pipelines carry can be used by the public. Their sole purpose is to move industrial waste away from ethanol plants after a harmless CO2 gas is converted into a toxic liquid under 2,100 pounds of pressure. The ethanol industry will be the only beneficiary, not the public.
Fair compensation is impossible. No dollar amount can repay landowners for the havoc and destruction that comes with a hazardous CO2 pipeline. There is no “fair market value” to cover the danger to our families, neighbors and livestock if the line breaks. Video of dense phase CO2 8” NB pipe rupture: https://www.dnv.com/oilgas/laboratories-test-sites/dense-phase-spadeadam-video.html.
Furthermore, a study by ISU shows decreased land values with hazardous liquid pipelines on the property. (Iowa State University, Cheng et al – pipeline, 2022). Landowners will also be left to deal with disrupted topsoil, possibly for years, and the inability to make future improvements above or near the pipeline.
A recent survey by Food & Water Action shows 80 percent of Iowans disapprove of using eminent domain for CO2 pipelines. Many lawmakers agree that eminent domain should not be used for these permits, but add, “It’s too late this time. The pipeline companies have already invested so much time and money. Stopping them now would be unfair.”
Hogwash! Summit, Navigator and Wolfe/ADM are venture capital investors with deep pockets. They knew they were taking a risk, even with the backing of highly-connected politicians and power players in this state. Even so, they had no official assurance of success. There was no green light, no guarantee from the IUB.
The hazardous CO2 pipeline companies were wrong to assume they could simply use eminent domain to take the land they want. They took a risk. Now, they’re gambling on slick marketing, swagger and enticements to convince lawmakers it’s too late to stop them now. To the contrary – they must be stopped now. If the land cannot be obtained voluntarily, it’s time for them to walk away or reroute.
Many legislators agree that eminent domain should not be allowed for the hazardous liquid permits but counter by saying, “We can’t stop this one, but maybe we can do something next time.”
Quite frankly, waiting to help the next time is no help at all. Using eminent domain for these projects sets a dangerous precedent. If granted, all Iowa property owners are in danger of exploitation “next time.” Developers of the next pipelines, malls, housing developments, CAFOs, and other ventures will have no limits on acquiring land and other property.
Bills have been introduced in the Iowa legislature to deal with this highly-controversial issue. One, SF-101, introduced by Sen. Jeff Taylor, will remove the power of eminent domain for hazardous liquid pipelines from the purview of the IUB. This bill deserves debate in the full House and Senate and passage into law.
However, it faces stiff opposition from several lawmakers and Iowa’s political elite. Considering that any Iowan who owns property might be the next target, SF 101 should have strong backing from the general public. With everyone’s right to own private property at stake, we must all push back against these profiteers.
If private companies are given the power of eminent domain to take privately owned land without public need, it will open the floodgates to future projects that trample our constitutional rights. If Iowa’s lawmakers don’t stop eminent domain for profit this time, there won’t be a next time.
Bonnie Ewoldt,
Milford resident and Crawford County landowner
