Iowa CO2 pipeline opponents plan hearing on eminent domain

DES MOINES — Concerned with a lack of action, opponents of the use of eminent domain for the construction of carbon capture pipelines across Iowa will host their own public hearing at the Capitol on Tuesday.

Landowners report threats and harassment from interests promoting the construction of three proposed pipelines to carry carbon dioxide from Iowa ethanol plants to underground sequestration sites in neighboring states, according to Jessica Mazour of the Sierra Club.

The Sierra Club and partners will be hosting the hearing from 3:30 to 6 p.m. Tuesday in the Capitol rotunda.

Gov. Kim Reynolds and legislators have been invited to hear from landowners directly affected by the Summit, Navigator and ADM pipelines, Mazour said Monday.

Reynolds so far has refused to meet with those opposing the use of eminent domain, Mazour said.

Reynolds “is happy to meet with landowners/farmers affected by the proposed pipeline and she has had many conversations with them during her travels across the state,” according to spokesman Alex Murphy. Declining a meeting because of a scheduling conflict “does not equate to a refusal.”

The Iowa House approved an amendment to a budget bill that would prevent the Iowa Utilities Board from scheduling hearings on the use of eminent domain until Feb. 1, 2023. The amendment was approved on a voice vote. So there is no record of which legislators supported it or did not.

The sponsor, Rep. Bobby Kaufmann, R-Wilton, said he wanted to protect landowners from the threat of eminent domain until the Legislature is back in session next year.

But landowners report agents of pipeline interest are calling them more than a dozen times a day, repeatedly showing up at their homes and workplaces to pressure them into granting easements for pipelines across their property, Mazour said.

The amendment to House File 2565 “doesn't remove the threat of eminent domain, and the landowners are going to make it loud and clear tomorrow that they still feel that eminent domain is being threatened,” she said Monday. Landowners want to tell legislators “we're glad you finally started to listen, but this doesn't do anything.”

Summit Carbon Solutions, which has proposed one of the pipelines, won’t be participating in the hearing, where it expects one side of the issue to be presented. Instead, it plans to continue engaging landowners as it has been since informational meetings were conducted in fall 2021, according to Jesse Harris of LS2, which represents Summit.

“Our focus is where it has been since the informational meetings, which is we want to meet with landowners, we want to review the project, we want to hear what their questions are, their concerns, and continue the process of negotiating voluntary easements,” Harris said.

Other legislation addressing the use of eminent domain has been introduced this year, but none of those bills has advanced. In the Senate, Senate File 2160 was assigned to a subcommittee, but it did not recommend approval.

In the House, at least three bills have been introduced and referred to the State Government Committee led by Kaufmann. None were given a subcommittee hearing.

Kaufmann did amend SF 2022 to language similar to what was added to HF 2565.

In general, environmental groups and landowners have supported limits on the use of eminent domain. Pipeline companies and some labor unions have opposed limits.

Mazour said the Sierra Club, which has about 6,500 Iowa members, expects a crowd at the hearing because “this is our chance to say ‘you have to listen to the people who are directly impacted and not just think you know what's best for the landowners.’”

Summit is monitoring legislative activity that might affect the regulatory process, but “in my mind, it’s far too early to be having conversations about eminent domain,” Harris said. “This is this is all about finding voluntary agreements with landowners that are beneficial for them and also allow our project to move forward.”

Comments: (319) 398-8375; james.lynch@thegazette.com