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10-05-2025
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‘Four years and another day': Senators punt long-awaited eminent domain debate
Landowners opposed to carbon sequestration pipelines shout at senators for declining to debate an eminent domain bill Friday. (Photo by Cami Koons/Iowa Capital Dispatch) 'Shame, shame, shame,' a red-shirted group chanted from a Senate gallery after a full day waiting for senators to debate a bill impacting carbon sequestration pipelines. A group of landowners has been pushing lawmakers to take up the issue around property rights for four years. They, along with farmers and union workers in favor of the Summit Carbon Solutions pipeline, showed up to the Capitol in droves Friday, expecting to hear debate on House File 639. After breaking for a closed-door caucus after almost every action on the floor, senators decided to adjourn until Monday, without having debated the eminent domain bill or budgets. 'You're disrespecting our time,' a landowner yelled from the gallery following the pound of the gavel. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX HF 639 would set requirements for pipeline insurance and permit limits and change the definitions of common carrier in the state to require hazardous liquid pipeline operators prove they will transport commodities owned by shippers not affiliated with the carrier. The Summit Carbon Solutions pipeline, which was granted eminent domain by the Iowa Utilities Commission in June, would connect to nearly 60 ethanol facilities and stretch around 2,500 across Iowa, Minnesota, North Dakota, South Dakota and Nebraska. The pipeline would transport sequestered carbon dioxide from the facilities to underground storage in North Dakota. Sen. Mike Bousselot, R-Ankeny, proposed a major amendment to the bill in committee, and an additional amendment Friday that removes many parts of the version passed from the House. Under Bousselot's amendment, which must be approved on the floor, projects could seek voluntary easements from outside of the project corridor, which he said would allow them to avoid using eminent domain. His amendment also requires the project operators to repair damaged land for the lifetime of the project. The Iowa Utilities Commission would have to make a decision on permit applications within one year and members would have to be present at hearings under the amendment, which would apply to all projects seeking eminent domain. Sen. Kevin Alons, R-Salix, proposed a strikethrough amendment Friday that instead added language similar to House File 943, to ban the use of eminent domain for pipelines carrying liquified carbon dioxide. 'I guess four years and another day is what we will be doing again next Monday,' Sherri Webb, a landowner opposed to the pipeline said following the adjournment. 'We're just gonna have to wait another day, and it's not right.' Farmers and biofuel advocates who gathered in the Capitol rotunda earlier in the day said the carbon sequestration capabilities offered by the pipeline would open the door to expanded biofuel markets, like sustainable aviation fuel. A number of farmers were among the more than 1,300 landowners who have already signed easement agreements with Summit. Kelly Nieuwenhuis, a signed landowner and corn farmer in O'Brien County, said he signed easement agreements with Summit for nearly three miles of pipeline through his property. 'We need to get this project done for a positive future for not only farmers, but the biofuels industry and good-paying jobs for rural America,' Nieuwenhuis said. Farmers pointed to low corn prices from lack of market demand as a strong reason for the pipeline, as it would make it easier for ethanol producers in Iowa to enter the ultra-low carbon ethanol market. The Iowa Renewable Fuels Association earlier this week published a study highlighting the same issue. While the ethanol industry had another good year in 2024, the study said the associated economic effects of biofuels were diminished by the 'stagnant' corn market. 'This project, hooking these plants onto it, is going to change and open up markets,' Mark Wigans, a signed landowner and an ethanol plant president, said at the rally. 'Agriculture's in terrible shape right now, and we need change and this is going to give it to us.' Also in attendance were members from several union locals, in favor of the pipeline for the construction jobs it would supply. The 110-day legislative session was scheduled to end May 2, marking the end to some per diem payments to lawmakers. The failure to bring an eminent domain bill to the Senate floor likely sets back efforts to end the session early next week. Though the Senate did not vote on the eminent domain bill Friday, lawmakers did approve one measure, House File 856, a ban on diversity, equity and inclusion activities and offices in state agencies and community colleges. The Senate amended the bill to remove private colleges from the measure and returned it to the House. The chamber also voted along party lines to confirm three of the governor's appointees – Cheryl Elsloo to the Iowa State Civil Rights Commission, Christine Hensley to the Iowa Board of Regents and Whitney Smith McIntosh to the state's Human Rights Board. However, there were several other measures on the calendar – including budget bills – that were not brought up for debate. Senate File 645, the economic development budget, Senate File 646, the agriculture and natural resources budget and Senate File 647, the education budget were not brought up before the chamber adjourned Friday. There were amendments filed on these three bills to reflect the budget compromise reached with House Republicans Thursday. While these amendments are spending figures that represent an agreement between House and Senate Republicans, the majority caucuses in both chambers, the Senate would not be able to pass these or other budget bills before getting the support of the 12 GOP senators who pledged to vote against appropriations bills until the eminent domain legislation is brought to the floor. Most of the spending bills for fiscal year 2026 have not yet been approved in either chamber. The House Appropriations Committee is scheduled to meet Monday, May 12 to discuss four budget bills. The Senate Appropriations Committee also still must hold a meeting to approve standings appropriations bill that includes the State Supplemental Aid (SSA) per-pupil funding for Iowa's K-12 system, the House priority of $14 million for paraeducator pay, and other various state spending obligations. Robin Opsahl contributed to this report. SUPPORT: YOU MAKE OUR WORK POSSIBLE
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27-03-2025
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Iowa House votes to ban eminent domain for CO2 pipelines
Iowans gathered at the Iowa State Capitol to rally against carbon dioxide pipeline projects March 18, 2025. (Photo by Cami Koons/Iowa Capital Dispatch) The Iowa House approved a bill Wednesday that would stop pipelines carrying liquified carbon dioxide from using eminent domain. Six other bills related to carbon sequestration pipelines, eminent domain and the Iowa Utilities Commission were combined into one bill, which also advanced. The bills were directed at an ongoing fight between landowners and the Summit Carbon Solutions pipeline, which would stretch more than 1,000 miles in Iowa connecting to biofuel refineries and transporting the sequestered carbon dioxide to underground storage in North Dakota. House File 943 is similar to a law recently passed in South Dakota, another state crossed by the pipeline's proposed route. Summit recently asked South Dakota regulators to pause proceedings on its pipeline permit due to the new law. South Dakota governor signs eminent domain ban on carbon pipelines The Iowa bill would take effect in May and apply to any eminent domain filings made on or after that date. Rep. Bobby Kaufmann, R-Wilton, said businesses should 'expect the unexpected' if they plan to use eminent domain in Iowa. 'Expect that we're going to make changes when eminent domain is involved, and expect that we're going to make changes in favor of landowners,' Kaufmann said. Pipeline opponents advocated for the bill March 18 during a rally at the Capitol and again on Monday at a press conference with a group of Republican lawmakers opposed to the pipeline project. The bill passed 82-12. Iowa Renewable Fuels Association Executive Director Monte Shaw said in a press release the decision by the House was 'hardly surprising, but it is still disappointing.' 'IRFA members have been saying for three years that (carbon capture and sequestration) is the most important tool available to grow ethanol demand into new markets both here at home and around the world,' Shaw said in the statement. Shaw said he believes 'cooler heads will prevail in the Senate' and said the opposition to the project has been led by a 'small, though loud, minority.' 'IRFA calls on the Iowa Senate to stand with the majority of impacted landowners, farmers, ethanol producers, and Iowa's economic future to ensure the state has the tools it needs to meet the brewing economic disaster in the heartland,' Shaw said. House File 639 would increase the insurance requirements for liquid hazardous pipeline operators. The five amendments to the bill would also update the definition of a common carrier, require IUC commissioners to be present at all hearings, expand who is allowed to intervene in an IUC docket, limit the pipeline permits to one term not longer than 25 years and stop the IUC from imposing sanctions on intervenors. These were all bills that had already advanced from House committees, but Rep. Steven Holt combined into HF 639. Holt, R-Denison, said with all of the amendments, the bill should be called the 'no eminent domain for private gain' bill. The bill passed 85-10. A spokesperson for Summit said the company has signed easements with more than 1,320 Iowa landowners and has 'adjusted the route based on feedback from stakeholders and regulatory agencies.' 'Regulatory certainty is crucial for maintaining Iowa's competitive edge in business, fostering long-term opportunities for farmers, ethanol producers, and rural communities,' the spokesperson said in a statement. Some representatives voiced concern because of historic opposition in the Senate. Rep. Brian Meyer spoke in support of the bills but said he wondered if lawmakers were 'wasting our time here today.' 'We've done this now several years in a row, and the Senate has not acted,' Meyer, D-Des Moines, said. 'As far as I can tell, they have not even tried to negotiate … Do something. Do something about this important issue.' Rep. Charley Thomson, R-Charles City, said he appreciated the concerns about the Senate on the issue and said he believes the House will 'do the right thing without regard for what others may do.' Holt said the issue is not partisan and that in both the House and the Senate, the two parties disagree with one another on the issue. He disagreed with a claim that he and other lawmakers fighting for the issue are doing so performatively. 'We're doing it because it's the right thing to do,' Holt said. 'And regardless of whether the Senate is going to pass it or not, we're going to fight for it here because it's the right thing to do.' Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: info@
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19-03-2025
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Pipeline opponents push for a ban on eminent domain for carbon pipelines
Landowners and opponents to a proposed carbon sequestration pipeline gathered at the Iowa Capitol March 18, 2025, to urge lawmakers to pass a ban on eminent domain for CO2 pipelines. (Photo by Cami Koons/Iowa Capital Dispatch) Iowa landowners and pipeline fighters gathered Tuesday at a rally in the Iowa Capitol Rotunda asking lawmakers to ban eminent domain for carbon dioxide pipelines. Senate Democrats also pushed for an amendment that would help pipeline and eminent domain bills go to the floor for debate. The protesters have opposed a large carbon sequestration pipeline, headed by Iowa-based Summit Carbon Solutions, for several years. The opponents have significant support in the Iowa House, which advanced more than 10 related bills ahead of the legislative funnel deadline, but Iowa senators have historically allowed similar bills to stall in their chambers. Folks who attended the rally focused their attention on House File 943 which would prohibit pipelines with liquefied carbon dioxide from using eminent domain. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'Band with all of us to convince our elected officials to be bold, to stand with our constituents and to fight for property rights and ban eminent domain on ag land,' said Iowa landowner Peg Rasmussen. 'If they don't, let's elect them out and elect somebody that will.' The pipeline opponents were encouraged by a recent law passed in South Dakota to restrict the use of eminent domain from CO2 pipelines. In a statement regarding the new law, Summit Carbon Solutions said the state 'changed the rules in the middle of the game.' 'While this presents obstacles, our project moves forward in states that support investment and innovation,' the statement said. Jess Mazour, a coordinator with the Iowa Chapter of the Sierra Club, said 'every person here in a red shirt had the rules changed on them.' 'This bill that we're fighting for … it does not stop Summit, it protects our property rights,' Mazour said. 'If Summit wants to build a pipeline, do it voluntarily, do not abuse our property rights to do so.' In a hearing on a different eminent domain bill that did not advance past committee in early March, a Summit lobbyist said even a 90% voluntary easement would be 'almost an impossible standard' to meet. Summit Carbon Solutions plans to lay more than 2,500 miles of pipeline through Iowa, South Dakota, Nebraska, North Dakota and Minnesota. So far, it has received permits in Iowa, North Dakota and Minnesota for the project, though the Iowa permit is contingent on approval in the other associated states. Landowners shared their fears on the pipeline's impacts to their land, of the dangers if the pipeline ruptures and that Iowa property rights were being taken for corporate gain. Randy Albright, a landowner and firefighter from Guthrie County, said the pipeline involves 'a lot of risk' for first responders in the event of a rupture. 'It's not just stealing our ground from us,' Albright said. 'The general public needs to be made aware.' Summit Carbon Solutions did not respond to a request for comment. Several Iowa representatives, including Steven Holt and Charley Thomson, who have pushed for many of the pipeline and eminent domain bills that have advanced in the House, spoke briefly to the gathered attendees. 'We're going to keep the fight up, there's nothing more important than the right of private property,' Holt said. Thomson said the project has exposed a 'big hole' in Iowa law pertaining to eminent domain. 'We have got to be sure that this does not happen ever again, and we have to be sure it doesn't happen this time,' Thomson said. Lawmakers and pipeline fighters were confident HF 943 would advance from the House, but worried about its future on the other side of the Capitol. Ann Bokelman, an attendee from Worth County, took the podium and looked up through the rotunda center towards the Iowa Senate. 'Senators, what are you afraid of by bringing it to the floor?' Bokelman said. 'Are you afraid of telling us where you stand? Because we're here telling you where we stand … leave our land alone.' Sen. Tony Bisignano, a Democrat from Des Moines, lamented the lack of debate in the Senate on these issues and told attendees at the rally that 'today could be the day' things change. Bisignano filed an amendment to Senate Resolution 6, the bill stipulating the Senate's chamber rules, that would require a bill to be brought to the floor for debate if it had a majority support. Bisignano, later in the day, implored his colleagues in the Senate to vote for the amendment to restore the 'freedom to debate.' 'We don't have any freedom in this room; it's all dictated by the leadership,' Bisignano said. Bisignano noted that the pipeline route doesn't cut through his district, but he voiced what other senators' constituents had said to him. 'These people are your constituents,' Bisignano said. 'I can't imagine having my constituents out in that Rotunda day after day, month after month, year after year, and ignore them. 'This amendment gives you the opportunity to bring the bill– a bill – forward. We can have that debate. You can vote it down. The sad part is, you're afraid for the people outside to know how you really feel.' The amendment was defeated 30-18. Sen. Zach Wahls, D-Coralville, spoke in support of the amendment, noting that the inability to bring a bill to the floor, despite majority support, has been a barrier for issues outside of the pipeline as well. 'Senate amendment 3029 is about restoring the ability of every single member of this chamber to have conversations — debates — about bills that affect every single constituent we represent,' Wahls said. 'It takes power out of the hands of the insiders and gives it back to the duly elected senators of the state of Iowa.' Sen. Mike Klimesh, R-Spillville, said the Republican majority voted into the Senate is 'more than capable' of 'getting the job done' without the amendment. 'The rights of the voters that voted us into this chamber, to take control of this chamber, and make sure that Iowans are represented by Republican values and principles would be undermined by this,' Klimesh said. Bisignano said the senators use the excuse of the issue not going to the floor as a response when their constituents ask. 'Don't tell the people out there you would if you could,' Bisignano said. 'Because you can — you won't.' Dennis King, a landowner from Clay County, said the move by South Dakota shows that the pipeline 'can be stopped.' 'We all realize that the only way to get a hard job done is by putting in the harder work that it takes,' King said. In addition to pushing for HF 943, the speakers encouraged members to attend the town halls of their U.S. congressional leaders while they are home this spring and to share their opinions on the pipeline. 'We need to show up en masse to those meetings as well and make sure that they know that these tax credits are responsible for the theft of our lands,' Mazour said. 'These federal tax credits are responsible for the threats of our safety, and these federal tax credits are a waste of our public tax dollars.' Mazour referenced the 45Q tax credit, which incentivizes carbon capture development, like the pipeline, by offering a tax credit to the project operators based on the amount of CO2 it is able to capture and store. The Summit Carbon Solution's pipeline would capture carbon dioxide emissions from nearly 60 biofuel facilities in Iowa and surrounding states and transport it to underground storage in North Dakota. Mazour also directed participants to hand deliver a series of objections to the Iowa Utilities Commission. The group demanded the IUC pause the dockets on phase two of the project and to hold separate hearings for each of the submitted dockets. Summit seeks an additional permit for the expanded portion of the project which would add more than 300 miles of pipeline and connect to more biorefineries in Iowa. A spokesperson for IUC said the commission received the requests and written comments from members of the public Tuesday. Additionally, the spokesperson said the new law in South Dakota 'does not affect the validity of the permit already granted by the IUC to Summit Carbon Solutions.' 'However, the IUC ordered that Summit may not begin construction on any segment of the pipeline in Iowa until it has obtained agency approval for a route in South Dakota,' the statement said. 'At this time, the South Dakota law does not affect any petition for a permit that is pending review by the IUC.' As of Tuesday, only one bill from the House that supporters relate to the CO2 pipeline has advanced to the Senate. House File 578, which would restore the Office of the Consumer Advocate, soared through the House with unanimous approval and has been assigned a subcommittee within the Senate Commerce Committee. SUPPORT: YOU MAKE OUR WORK POSSIBLE
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18-03-2025
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First South Dakota, then Iowa? Landowners, lawmakers rally to stop Summit pipeline
Landowners opposing the Summit Carbon Solutions' planned pipeline rallied with renewed energy at the Iowa Capitol Tuesday after South Dakota's governor recently signed a law blocking the use of eminent domain to build carbon-capture pipelines. "This fight is far from over," said fourth-generation farmer Dennis King from Clay County, who said he has four farms that would be affected by the pipeline. "South Dakota has shown us that this pipeline can be stopped." Since South Dakota Republican Gov. Larry Rhoden signed the law this month, Summit asked the South Dakota Public Utilities Commission to suspend its pipeline permit application. Summit Carbon Solutions' plan would build a carbon sequestration pipeline $8.9 billion project extending 2,500 miles across South Dakota, Iowa, Minnesota, Nebraska and North Dakota to connect 57 ethanol plants. Several dozen Iowans at the Capitol Tuesday demanded lawmakers pass House File 943, which would also ban eminent domain for carbon pipelines on agricultural land. House Republicans advanced several bills through the legislative "funnel" aimed at limiting eminent domain by companies seeking to build carbon capture pipelines. The legislation isn't the first effort to end eminent domain in Iowa. The House passed House File 2664 last March to allow property owners in eminent domain proceedings to seek a constitutional review in court. Caila Corcoran, 31, said her family has four generations of farmers who've worked and lived on their land in Dickinson County. The pipeline would run through her family's land, she said. "One thing we keep hearing is that if we don't allow a multibillion-dollar corporation to steamroll their way through our state, we'll look as if we aren't friendly to business," Corcoran said. Another Iowa landowner, Marva Schuldt of Bremer County, said the pipeline would be built 450 feet from the land she's lived on for 56 years. She called on Iowa's federal Republican Sens. Joni Ernst and Chuck Grassley to listen to the rallygoers' calls to oppose the pipeline. Randy Albright, a fifth-generation from Guthrie County, said in the Iowa Capitol rotunda Tuesday that most Iowans don't understand the gravity of how some landowners are being affected. "They're just stealing the ground from under us and the general public needs to be made aware. Look at our flag. 'Our liberties we prize and our rights we will maintain,'" he said. Sabrina Zenor, Summit's communications director, said in a press release on March 6 that it's unfortunate South Dakota's law "changed the rules in the middle of the game." "This kind of regulatory uncertainty creates real challenges — not just for our project, but for the ethanol plants in South Dakota that now face a competitive disadvantage compared to their counterparts in neighboring states," Zenor said. "While this presents obstacles, our project moves forward in states that support investment and innovation, and we will have more news on that soon." Summit did not respond to the Register's requests for comment Tuesday. Several state lawmakers joined the rally of concerned Iowa landowners to voice their opposition to the pipeline and ask their colleagues to pass the bill. Sen. Jeff Taylor, R-Sioux Center, who is one of the sponsors on the Senate version of the bill, Senate File 92, said there's no good reason that the Iowa Legislature can't vote to be next after South Dakota. "I know it gets frustrating. I know it can produce anger and depression, and all of those negative things. But also look on the bright side. I filed one bill in 2022," Taylor said. "This year, there are over 20 bills that have been filed in the Senate and the House collectively trying to address this serious problem." A group of nearly 40 Iowa lawmakers, who call themselves the Republican Legislative Intervenors, announced in September they filed lawsuits filed federal and state lawsuits seeking to undo the Iowa Utilities Commission's approval of Summit's building permit. Sen. Tony Bisignano, D-Des Moines, said he plans to file an amendment to the legislation to require a debate on the Senate floor. The amendment Bisignano spoke of was for Senate Resolution 6, which failed Tuesday 18-30. Four Republicans, Sen. Kevin Alons, R-Salix; Sen. Doug Campbell, R-Mason City; Sen. Rocky De Witt, R-Sioux City; and Sen. Sandy Salmon, R-Janesville, voted for it. "We cannot have a pipeline being built when we still haven't settled whether we want it," Bisignano said. "So I ask you, today's the day. Talk to the Republicans in the Senate, tell them to vote for the amendment that will bring that bill to the floor for debate." Rep. Steven Holt, R-Denison, said there's nothing more important than the right to private property. Holt is one of the lawmakers suing the Iowa Utilities Commission. "We're also sick and tired of the manner in which the Iowa Utilities Commission has treated landowners," Holt said. "It has been despicable, and we're going to address that too." Echoing Holt, Rep. Charley Thomson, R-Charles City, said the commission has been "beyond disappointing, it shouldn't happen in Iowa. "We think our politics our clean and our government is honest, and boy, the IUC just does not fit that description these days," Thomson said. "They've ignored people, they've ignored safety concerns, and their view of the Constitution is just hard to figure out." Rep. Eddie Andrews, R-Johnston, said while he represents urban areas of Iowa, he doesn't want a pipeline to affect the residents living in his district's backyard. "You are the board of directors of the country. You are the board of directors of this state, and it's just astonishing to me that we have a number of people in this building who don't quite understand that," Andrews said. Register Statehouse Reporter Marissa Payne contributed to this report. Sabine Martin covers politics for the Register. She can be reached by email at or by phone at (515) 284-8132. Follow her on X at @sabinefmartin. This article originally appeared on Des Moines Register: Summit pipeline foes in Iowa encouraged after South Dakota passes law