Due process in question at the Iowa Utilities Board

To the editor:

Much to the dismay of Summit Carbon Solutions, easements for over 1,000 parcels on its hazardous CO2 pipeline route remain unsigned. The clock is ticking, and time is running out. Construction is behind schedule, and the project is over budget. The company needs speedy approval to use eminent domain to take this property, and recent events signal the IUB is willing to oblige.

The Procedural Schedule, filed June 16, 2023, indicates the board intends to rubber-stamp Summit’s application by favoring the pipeline company over Exhibit H Landowners – those with property targeted for eminent domain.

One unexpected turn is an earlier start date, Aug. 22, 2023. This presents a problem in that it will not give the IUB time to become sufficiently knowledgeable about the Exhibit H parcels. Normally, engineers physically inspect each parcel and gather information onsite about the property. The process usually takes two-to-four hours. Examining over 1,000 parcels spread along the 689-mile route will be a time-consuming and overwhelming task for the IUB staff to complete.

Earlier, in an effort to hurry things along by reducing the number of unsigned parcels, the board proposed an unprecedented plan to get more easements signed. It offered to bring in mediators, paid by Summit, to help Exhibit H landowners “understand” the easement process. This was clearly unfair. How could a Summit-sponsored mediator negotiate for anything other than a signed easement? After pushback from landowners and intervening parties, the Procedural Schedule scaled back the plan for mediators. Instead, the IUB will send letters to survey landowner interest in mediation.

The new timetable moves the start of the hearing ahead by two months, from late October to mid-August of this year. The board asserts the change will better accommodate farmers during harvest. The claim is dubious given that farmers are also busy with crops and livestock in the summer.

In reality, the earlier start date puts Exhibit H landowners behind the eight ball. Direct Testimony is now due on July 24, months earlier than expected. It gives landowners far less time to prepare statements, assemble supporting documents, and consult with their attorneys.

The Procedural Schedule states, “the Board is flipping its normal approach to this type of hearing by having the Exhibit H landowners begin as a way to promote procedural efficiency.” This is yet another show of favoritism toward Summit.

Procedural fairness dictates Summit Carbon Solutions testify first because it has the burden of proof. Questions and comments from interveners should follow, and the proceedings should end with testimony from Exhibit H landowners. However, when the procedural order puts Summit’s statements ahead of landowner testimony, they must defend their land (and in most cases livelihood) without having heard Summit’s full case in defense of the project.

Through its recent actions and rulings, the Iowa Utilities Board shows blatant partiality toward Summit Carbon Solutions over private property owners threatened with eminent domain. The board’s “desire to promote procedural efficiency” favors Summit and strips away Exhibit H landowners’ right to due process.

A recent Des Moines Register poll showed 80 percent of Iowans – across all demographics – oppose the use of eminent domain for profit. Concerned citizens will find recent developments at the Iowa Utilities Board troubling. There is an urgent need to submit objections to the IUB, contact legislators, and call the governor to demand a fair hearing on Summit’s hazardous CO2 pipeline permit. The clock is ticking, and time is running at the IUB.

Bonnie Ewoldt,

Milford resident and Crawford County landowner