• Home
  • News
    • Politics & Government
    • Business & Economy
    • Crime / Courts
    • Health / Medicine
  • Sports
    • High School Sports
    • Radio Iowa Poll
  • Affiliates
    • Affiliate Support Page
  • Contact Us
    • Reporters

Radio Iowa

Iowa's Radio News Network

You are here: Home / Business / Supreme Court upholds use of eminent domain for Dakota Access pipeline

Supreme Court upholds use of eminent domain for Dakota Access pipeline

May 31, 2019 By Dar Danielson

The Iowa Supreme Court has upheld a district court ruling that state regulators properly granted use of eminent domain for the Dakota Access pipeline.

Several landowners and an environmental group sued saying the Bakken oil pipeline did not serve the “public convenience and necessity and eminent domain should not have been used to take land for the pipeline’s route through Iowa into Illinois.

The Iowa Supreme Court ruling says the legislature clearly gives the Iowa Utilities Board authority to interpret the meaning of “public convenience and necessity”.  It says the IUB did weigh the benefits and costs in making that determination for Bakken pipeline.

The court also concluded that the use of eminent domain for an oil pipeline does not violate the Iowa Constitution or the United States Constitution simply because the pipeline passes through the state without taking on or letting off oil.

Justice David Wiggins did not agree with the majority, saying the Iowa public cannot use and does not derive a direct benefit from the pipeline and the company should not have been allowed to use eminent domain. Justice Brent Appel joined his dissenting opinion.

Here’s the ruling:Dakota-Access-Pipeline-Ruling-PDF

The attorney for the property owners, Bill Hanigan, released this statement:

“We are disappointed for our clients, but also for all Iowa landowners. This sets a precedent for wealthy developers seizing Iowa farmland for private ventures that bring no measurable benefit to Iowans. Appellant Northwest Iowa Landowners Association and its related organization Private Property Rights Coalition are particularly concerned with how today’s majority decision opens the door for more developer driven condemnations.”

 

(Photo from the Iowa Judicial Brand website)

Share this:

  • Facebook
  • Twitter

Filed Under: Business, Crime / Courts, News, Top Story Tagged With: Utilities

Featured Stories

Iowans 65+ now eligible in next phase of Covid vaccinations

Bill would remove transfer limits in five Iowa school districts

Former Iowa sports talk host sentenced to federal prison for ticket scams

Feenstra only member of Iowa delegation not at Biden’s inauguration

Congresswoman Axne favors Biden pandemic relief plan, Hinson not ruling out a ‘yes’

TwitterFacebook
Tweets by RadioIowa

UNI adds two nonconference games to basketball schedule

Iowa State-Kansas postponed

Iowa-Michigan State postponed

Fire damage to Riverfront Stadium electrical system will cost Waterloo thousands

Iowa State at Kansas State postponed

More Sports

eNews and Updates

Enter your email address:

Delivered by FeedBurner

Archives

Copyright © 2021 · Learfield News & Ag, LLC