If a bill in the Iowa House becomes law, a group of legislators could force lawmakers to vote on whether the proposed carbon capture pipelines can get state government permission to seize property for the project.
Twenty-one members of the Iowa House or 11 members of the Iowa Senate would have to sign a petition seeking an up or down vote on the use of eminent domain for the project. The bill cleared a House subcommittee unanimously this morning.
Victoria Sinclair, a lobbyist for a group called Land of the Free Action, told subcommittee members the Iowa Utilities Board review of the Summit Carbon Solutions project has been grossly unfair. “A mechanism for the legislature to tap the brakes in situations like this is appropriate and necessary,” Sinclair said.
Landowners like Kathy Carter of Rockford in Floyd County said it’s been an exhausting to fight against having the pipeline pass through her property. “The use of eminent domain for a private company to be allowed to take my land is one word: wrong,” she said. “This has got to stop and this bill will help do exactly that.”
Pete McRoberts, a lobbyist for the American Civil Liberties Union of Iowa, said the ACLU is not taking a position on the pipeline project, but does support the bill strongly. “We take a strong position against the abuse of power as evidenced by the Iowa Utilities Board and the Office of the Consumer Advocate through this long and corrupt process that has caused so much pain to these landowners,” McRoberts said. “…We believe in legislative oversight of the constitutional provisions of eminent domain in a way that is proper and fair.”
Republican Representative Charley Thomson of Charles City, chairman of the subcommittee, said existing Iowa Utilities Board rules for pipeline developers have been “manipulated” to deprive Iowans of their due process rights.
“This bill, if it becomes law, will restore some of the checks and balances by returning to the elected officials of Iowa — the membership of the General Assembly– a final decision about the propriety of the pipeline and publis use,” Thomson said. “…I think it’s important that elected people, not appointed people, make this decision.”
Republican Representative Steven Holt of Denison said it’s frustrating that landowners who don’t want the pipeline on their property aren’t protected under current law. “My party is supposed to stand up for the Constitution, is supposed to stand up for the Bill of Rights,” Holt said, “and it’s extremely disappointing to me that the legislation we passed last year did not move forward in the Senate.”
The Iowa House passed a bill last year setting up some new guidelines for carbon capture pipelines, but Senate Republicans did not bring the bill up for a vote. No one representing Summit Carbon Solutions spoke at this morning’s House subcommittee hearing on the bill.