South Dakota lawmakers push for special session against carbon capture pipeline

PIERRE, S.D. — A group of South Dakota lawmakers has begun circulating a petition in hopes of forcing a special session to protect private property rights against the developers of a proposed carbon dioxide pipeline.

But the petition drive faces an uphill climb, needing the signatures of at least two-thirds of the membership of both the South Dakota House and Senate to succeed. While Republican Gov. Kristi Noem could also call a special session on her own, she said last week that it would be “fruitless” unless lawmakers reach a consensus.

Landowners and farmers in South Dakota and other states — including Iowa — have objected to Summit Carbon Solutions' plan to use the power of eminent domain to run pipelines across private land without the owners’ consent.

The company wants to build a $4.5 billion, 2,000-mile network of pipelines to transport carbon dioxide from Midwest ethanol plants to a deep underground permanent storage site in North Dakota to fight climate change. The company has said it needs to use eminent domain to build the project in a timely fashion. The project would span Iowa, Minnesota, North Dakota, South Dakota and Nebraska.

Co-sponsors of the petition drive said in a statement Monday that they object to the use of eminent domain to strip property rights from landowners for the benefit of an out-of-state private company with foreign investors. Others have objected on safety grounds, and environmental groups are skeptical.

In Iowa, lawmakers failed to pass legislation this year to restrict the ability of carbon pipeline companies to use eminent domain.