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There won’t be a ‘next time’ to stop eminent domain for profit

By Staff | Feb 24, 2023

To the Editor,

As three private investment companies seek permits for hazardous CO2 pipelines, eminent domain is a hot-button issue in Iowa. Several landowners have voluntarily signed easements, but many others adamantly refuse. Consequently, we are threatened with land condemnation and eminent domain.

Hazardous, privately-owned, CO2 pipelines don’t meet the requirements for eminent domain. Only the government can legally take possession of private land, and then only for public use and with just compensation. One private entity cannot take property from another private entity without its consent.

Summit, Navigator, and Wolfe/ADM are privately owned, not part of the government. The permits are not a public necessity. Unlike water lines, fiber optics, oil, and natural gas, these pipelines carry nothing the general public can use. Their sole purpose is to move hazardous liquid CO2 industrial waste away from ethanol plants, and only the ethanol industry — not the public — will benefit.

Fair compensation is impossible. There is no “fair market value” to cover the risk to our families, neighbors, and livestock if the line breaks. Video of dense phase CO2 8″ NB pipe rupture can be seen at https://www.dnv.com/oilgas/laboratories-test-sites/dense-phase-spadeadam-video.html

Furthermore, an ISU study shows land values decrease with hazardous liquid pipelines on the property. (Iowa State University, Cheng et al — pipeline, 2022.)

A recent survey by Change Research shows 80% of Iowans disapprove of eminent domain for CO2 pipelines. Many lawmakers agree, but add, “It’s too late. The pipeline companies have already invested too much time and money. Stopping them now would be unfair.”

Hogwash! Summit, Navigator, and Wolfe/ADM are venture capital investors with deep pockets. They knew they were taking a risk, even with the backing of highly connected politicians and power players in this state. They had no official assurance of success. There was no green light; no guarantee from the IUB.

The hazardous CO2 pipeline companies were wrong to assume they could simply move in and use eminent domain to take our land. They took a risk. Now, they’re gambling on slick marketing, swagger, and aggressive lobbying to convince lawmakers it’s too late to stop them now. To the contrary — they must be stopped now. If the investors cannot secure the land voluntarily, it’s time for them to reroute or walk away.

While most legislators agree that eminent domain should not be used by profit-seeking private companies, they waver and say, “We can’t stop this one, but maybe we can do something next time.”

Quite frankly, waiting to help next time is no help at all. Using eminent domain for these private projects sets a dangerous precedent. If granted, all Iowa property owners are in danger of exploitation “next time” for new pipelines, malls, housing developments, and other ventures by developers who will have limitless access to land acquisition.

Several bills aimed at curbing eminent domain abuse have been introduced in the Iowa House and Senate this session. However, they face stiff opposition from legislators holding key positions as well as Iowa’s political elite. As Funnel Day approaches on March 3, it’s an all-hands-on-deck moment. All Iowans concerned about this unconstitutional land grab must get involved. It’s time to contact legislators, write letters to the editor, and raise public awareness.

If private companies obtain power to use eminent domain to take private land for profit without a public need, it will open the floodgates to future projects that trample our constitutional rights. If Iowa’s lawmakers don’t stop eminent domain for profit this time, there won’t be a next time.

Bonnie Ewoldt,

Milford resident

Crawford County landowner