Voluntary easements are a win-win

Last week, HF2104, the first property rights bill of this legislative session, had barely been introduced when Summit and its supporters rushed to the media in fierce opposition claiming the CO2 pipeline cannot be built without eminent domain. Opponents warned of tumbling corn prices, a stagnant ethanol industry, no access to new markets, and a loss of jobs.

So much angst over one-sentence designed to protect property rights. HF2104 simply states that the power of eminent domain cannot be used to acquire the right of way to construct carbon oxide pipelines. Contrary to Summit’s assertion that the bill will kill their project, HF2104 does not ban the construction of CO2 pipelines in Iowa. Private companies can build their pipelines by obtaining easements where landowners freely consent without being intimidated by the threat of eminent domain.

Iowa property owners deserve the same right to determine what happens to their land as their counterparts in South Dakota where eminent domain is not allowed for carbon dioxide pipelines. It should be noted that the CO2 pipeline now operating in Nebraska was accomplished without eminent domain. Also, Summit has been acquiring easements for the Minnesota portion of the route entirely with voluntary easements because eminent domain is not used for CO2 pipelines in that state.

If the CO2 pipeline is as great as Summit claims, obtaining voluntary easements from interested landowners should not be a problem. In fact, the pipeline would probably be operational at this time if the company had used this business plan from the beginning instead of wasting time trying to force involuntary easements using eminent domain.

Summit should not be able to short-circuit the legal process by relying on eminent domain. If its CO2 pipeline is completed entirely with voluntary easements, the line will be built and the concerns voiced by Summit’s supporters will no longer be an issue. A pipeline built entirely with voluntary easements will be a win for landowners, the company, and most importantly, property rights in Iowa.

Bonnie Ewoldt is a landowner in Crawford County and lives in Milford.