Iowa Senate President: Bill passed by state lawmakers ‘not a property owners’ rights bill’

JOHNSTON — Iowa Senate President Amy Sinclair believes state legislation that would limit eminent domain and regulate hazardous liquid pipelines is unconstitutional and will cost the state money, in both legal fees and missed economic development.

The bill passed during the final week of the legislative session last month and awaits action from Gov. Kim Reynolds.

Sinclair discussed the bill and other statehouse subjects Thursday while taping her appearance on this weekend’s episode of “Iowa Press” on Iowa PBS.

Sinclair was among 21 Republican senators, including most of her fellow Senate Republicans in leadership positions, who voted against the bill. But it passed thanks to the support of 13 Republican senators along with 14 Democrats.

The bill, House File 639, would regulate hazardous liquid pipelines and other energy infrastructure projects and would restrict the use of eminent domain — the process by which the government seizes land for infrastructure projects.

Sinclair said Thursday that she supports the bill’s goals and fiercely defended herself as a supporter of landowner rights. But she was equally fierce in her argument that the bill that awaits Reynolds’ pen — for a signature or veto — will not accomplish those goals.

“Just to be clear, the bill that was passed was not a property owners’ rights bill. That’s a bill that’s just going to facilitate activists,” Sinclair said. “And there were so many problems with that, and ultimately it will cost the state of Iowa money, both in economic impact, as well as a potential lawsuit. And I think we have to say those words out loud: there are problems with that bill that passed.”

The bill had previously passed the Iowa House on an 85-10 vote.

Summit Carbon Solutions has proposed a 2,500-mile CO2 pipeline through five states, including Iowa, to capture the greenhouse gas from ethanol plants and bury it in North Dakota. State regulators approved a permit for the Iowa section, including granting Summit eminent domain powers.

If signed into law, House File 639 would, among other provisions:

Sinclair said her preference was for an amendment introduced by Sen. Mike Bousselot, a Republican from Ankeny. Bousselot’s proposal would have ended the use of eminent domain on hazardous liquid pipelines — but would not have impacted any projects already permitted, including Summit’s.

Sinclair said she believes the way House File 639 could impact Summit’s proposed — and already permitted — pipeline is what would make the bill unconstitutional and could open the state to lawsuits.

“So to say that I voted against property rights is just, it’s false,” Sinclair said. “Because the bill that passed and went to the governor is not a property rights bill. It is just a power grab by environmentalists. And I will put my foot down in saying that.”

Sinclair said she has not spoken to Reynolds about House File 639.

Reynolds two weeks ago on “Iowa Press” said she was meeting with stakeholders both for and against the bill and that she was listening and gathering information before making her decision. She has until June 14 to take action on bills passed during the legislative session.

“Iowa Press” can be viewed on Iowa PBS at 7:30 p.m. Friday and noon Sunday, and online any time at iowapbs.org.

Comments: (515) 355-1300, erin.murphy@thegazette.com

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