Eminent domain and CO2 pipeline bills deserve a vote

In January, the Iowa House fast tracked a bill requiring the Iowa Racing and Gaming Commission (IRGC) to place a five-year moratorium on new casino permits. The bill, HF144, was introduced on Jan. 29 and passed in the full House on Jan. 30 before stalling in a Senate committee. This stands in stark contrast to the way most eminent domain and CO2 pipeline bills have been slow walked in the Legislature for the past three years.

Legislators introduced bills related to this controversial issue in both chambers. However, few of them even reached a committee hearing. One passed passed the House but stalled in the Senate where it was not granted so much as a subcommittee hearing. The bill, HF2664, would have placed a 90% threshold of voluntary easements for a CO2 pipeline permit and required expedited court appeals in matters of eminent domain.

Landowners with property targeted for eminent domain have been relentless in seeking help from the Legislature. We sent emails, made phone calls, traveled to the Capitol, met with senators and representatives, wrote letters-to-the-editor, posted highway signs, marched in parades, attended informational meetings, and filed thousands of objections with the Iowa Utilities Commission (IUC).

Despite our tenacious efforts, none of our bills have become law in Iowa since Summit Carbon Solutions applied for its permit with the IUC in August of 2021.

Last week, a coalition of representatives in the House introduced six bills related to eminent domain and CO2 pipelines. HF237 limits the ability of the IUC to sanction intervenors; HF238 limits CO2 pipeline operation to 25 years and prohibits permit renewal; HF239 addresses changes to the Office of Consumer Advocate; HF240 requires companies seeking hazardous liquid pipeline permits to show evidence of insurance or surety before a permit can be granted; HF241 requires all three of the IUC commissioners to be present at all times during live testimony at a hearing; HF 242 would allow declaratory review for eminent domain and disallow a bond requirement for appeal.

House Speaker Pat Grassley said these six bills will be sent to subcommittees this session. We ask legislators on both sides of the aisle to give our bills a fair hearing and send them to the floor for debate and a bipartisan vote.

If gaming bills can be fast-tracked and passed out of the House in one day, bills to protect the constitutional right to private property should be granted the timely and thorough legislative process they deserve.

Bonnie Ewoldt is a Milford resident and Crawford County landowner.