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Iowa landowners opposed to eminent domain for carbon pipeline undeterred after state bill stalls

Posted at 7:40 PM, Apr 14, 2023
and last updated 2023-04-14 20:40:18-04

OMAHA, Neb. (KMTV) — An Iowa bill that would have limited when eminent domain can be used for carbon pipelines stalled, but landowners opposed to the project cutting through their properties are undeterred.

The bill would have restricted the forced sale of land unless 90% of the proposed project route was obtained through voluntary sales.

Martin Maher said his family has had the farmland near Imogene, Iowa, for more than a hundred years. He's concerned about what the project would do to his land, especially the terraces.

"My attitude when this first came out was, 'I wish they would leave me alone,'" Maher said.

Others are concerned about safety, like Jan Norris. The pipeline wouldn't run through her property, but it would be close.

She points to a carbon pipeline ruptureincident in Mississippi in 2020 that sent more than 40 people to the hospital.

"Pipelines are significantly safer and less intrusive when transporting commodities like CO2," said Summit Carbon Solutions in a statement, adding they are "extensively regulated."

They say most of the route in Nebraska and Iowa has been secured voluntarily. In Nebraska, they say it's just over 60%. In Iowa, nearly 70%.

"People view this as critical to the future of agriculture and the future of ethanol," said Jesse Harris, a spokesperson for Summit Carbon Solutions.

Asked when Summit might begin to consider eminent domain, Harris said it's too early to talk about it.

"Our goal right now is to focus on voluntary participation and make sure we're addressing landowner questions whenever possible," he said.

On the bill in Iowa, he said: "Our hope is that the rules of the regulatory process won't change two years into this process ... We're encouraged we are getting support from Iowa landowners."

Even without the bill, a lawyer representing Iowa landowners, Brian Jorde, who is opposed to the pipeline on their property believes eminent domain would not meet the societal legal justification necessary. He argues it's to the benefit of no one and "simply to enrich wealthy people."

Summit said in a statement: "Pipelines are significantly safer and less intrusive when transporting commodities like CO2. There are currently 5,000 miles of CO2 pipelines operating safely across the United States. These existing pipelines, like Summit’s proposed CO2 pipeline will be, are extensively regulated by the Pipeline and Hazardous Materials Safety Administration (PHMSA). 

The numbers don’t lie, landowners across the Midwest view our project as not only safe but also critical to maintaining the long-term viability of the agriculture and energy industries. In Iowa, we have secured nearly 70% of our proposed route, and in Nebraska, just over 60% of the proposed route."

And on the eminent domain bill in Iowa: "Summit Carbon Solutions has partnered with over 1,100 Iowa landowners who have signed 1,940 voluntary easement agreements accounting for nearly 70% of our proposed route in the state. Without carbon capture projects, Iowa’s ethanol industry will lose $10 billion annually (source) and farm income would drop $43,000 for a typical 1,000-acre farm with production evenly split between corn and soybeans (source).

With all this at stake, our team will continue to meet with policymakers to highlight the critical role carbon capture projects will play to ensure the long-term viability of the ethanol industry and the future of our ag economy."

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