Eastern Iowa statehouse hopefuls air opposition to forced land sales for CO2 pipelines

A sign opposing the proposed Wolf Carbon Solutions carbon dioxide pipeline is seen Wednesday at the intersection of Nederheiser Road and Ivanhoe Road near Ely. Signs opposing the use of eminent domain to acquire easements for the pipeline also appears along Ivanhoe Road. (Jim Slosiarek/The Gazette)

Signs opposing the proposed route of the Wolf Carbon Solutions and of the Navigator Heartland Greenway captured carbon dioxide pipelines are seen Wednesday on a fence along Ivanhoe Road near Ely. Navigator earlier this year changed its planned route and the pipeline is no longer planned to come though Linn County. (Jim Slosiarek/The Gazette)

The majority of Eastern Iowa political candidates seeking seats in the state Legislature who responded to a survey say they oppose using eminent domain for carbon dioxide pipelines.

Most of the opponents did not think Iowa landowners should be forced to sell easements on their land for a private pipeline with an unproven public benefit.

Eminent domain “is traditionally used for roadways, water supply, constructing public buildings, and in some cases to aid in defense readiness,” state Rep. Molly Donahue, D-Cedar Rapids, who is running for Iowa Senate District 37, responded to an issues survey sent to Eastern Iowa candidates by the The Gazette.

“The CO2 Pipelines do not provide a betterment to the communities in amenities, or safety — nor is there monetary value to increase the state revenue, because it is a private for profit company,” she said.

Three companies — Summit Carbon Solutions, Navigator Heartland Greenway and Wolf Carbon Solutions — have proposed building pipelines to transport liquefied CO2 from Iowa ethanol plants to underground sequestration sites in North Dakota and Illinois. Companies that get permits stand to gain billions of dollars in federal tax credits granted because some scientists think carbon sequestration may help reduce the impact of climate change.

So far, only Summit has applied for a permit from the Iowa Utilities Board, which must decide whether the company may use eminent domain to force easements if they cannot first negotiate a deal.

But Iowa lawmakers can influence the process. Earlier this year, the Legislature considered a yearlong moratorium on using eminent domain for CO2 pipelines. The measure failed.

The Gazette sent a 16-question survey about various issues to 51 Eastern Iowa candidates for the Iowa Legislature, including candidates in both parties. Twenty-two candidates have not responded. The survey was sent in September to the email addresses they filed with the Iowa Secretary of State.

Of 29 Eastern Iowa candidates for Iowa House or Senate who did respond to the survey, 21 said they did not think the board should grant eminent domain rights for CO2 pipelines.

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Of the 21 who oppose use of eminent domain, 18 are Democrats, three are Republicans. Eight other candidates, including four Republicans, said they have reservations about forcing easements, but left the door open to it for carbon capture pipelines.

“It's a last resort in my opinion,” said Kris Gulick, a former Cedar Rapids City Council member running as a Republican for Iowa Senate District 40. “We have to look at the impact not just for us locally but from a statewide standpoint, for the ethanol industry. It’s a factor we can’t ignore.”

Pipeline companies say the projects would allow ethanol plants — Iowa has more than 40 — to lower their carbon dioxide scores, which would help sell more fuel in California and Canada and other places with low-carbon fuel standards.

The Cedar Rapids Metro Economic Alliance in August said it supports the Wolf pipeline project, which would collect CO2 from ADM plants in Cedar Rapids and Clinton, passing through four Iowa counties on its way to a sequestration site in central Illinois.

But Eastern Iowa candidates, both Democrats and Republicans, are skeptical about the science behind CO2 pipelines and whether they are a smart solution for fighting climate change.

“The net decrease in carbon emissions really isn’t there because of the amount of carbon emissions to grow and harvest the corn and transport it to ethanol plants and produce the ethanol,” Deb VanderGaast, a Tipton Democrat running for Senate District 41, said in an interview. “The sequestration equipment also burns fossil fuels.”

VanderGaast said CO2 pipelines are diverting attention away from better long-term solutions, such as diversifying power sources away from oil and gas.

“Growing up in a farming family right here in Benton County, I do not support the use of eminent domain for CO2 pipelines,” Sara Yedlik, a Vinton Democrat running for Iowa House District 84, said in The Gazette survey. “Eminent domain should be used only for the most vital needs and the use of a pipeline for carbon capture has not been proven to be a safe technology.”

Sen. Kevin Kinney, an Oxford Democrat running in Senate District 46, said in the survey “for-profit companies shouldn't be able to use eminent domain all willy-nilly.”

What is eminent domain?

The government has the power to buy private property for public use, such as roads or bridges, even if the landowner doesn’t want to sell.

Iowa law gives the Iowa Utilities Board authority to allow eminent domain for things like electric transmission lines and underground pipelines. To be granted this power, municipal governments or private companies must show their projects serve a public use.

If the power of eminent domain is granted, a county compensation commission determines fair market value for the properties.

Two candidates with personal experience with eminent domain say they are open to it being used for CO2 pipelines.

“There was a letter of notice that was sent to my parents informing them there was interest in a CO2 pipeline running through two of our farms,” said Elle Wyant, a Marengo Democrat running for Iowa House District 91.

Navigator’s proposed 1,300-mile pipeline would go through Iowa County, where Wyant’s family owns Fireside Winery, near Marengo, and Ackerman Winery, in the Amanas. She said she doesn’t know whether her parents have granted the easements.

“My family, we’re always trying to find different ways to diversify and get more out of the land besides corn and soybeans,“ she said.

Wayne Grell, a North Liberty Republican running for House 85, said his family had its land condemned when Coralville developed the Iowa River Landing commercial area south of Interstate 80. His family owned Hillside Packaging and Dolls, a bar and strip club.

“It's a necessary evil,” Grell said of eminent domain. “At times, you have to make progress and there are people you just can’t do anything with.”

He thinks Iowa should require cities and private developers who want to use eminent domain to pay 150 to 200 percent of fair market value for the land. There should also be a deadline for developers to complete projects so landowners aren’t left in limbo for years.

Candidates who responded to the survey who oppose eminent domain for CO2 pipelines

Sam Cox (D), Elinor Levin (D), Deb VanderGaast (D), Jessica Wiskus (D), Mike Heaton (D), Art Staed (D), Sami Scheetz (D), Anne Fairchild (R), Liz Bennett (D), Clyde Gibson (L), Jacob Onken (R), Edward Bernie Hayes (R), Janice Weiner (D), Molly Donahue (D), Sara Yedlik (D), Jacob Wenck (L), Brian Bruening (D), Kevin Kinney (D), Terry McGovern (D), Kris Nall (D), Elizabeth Wilson (D)