An Iowa House subcommittee unanimously approved a bill Wednesday to allow the Iowa Legislature to intervene in the permitting process of a pipeline or other energy project seeking to use eminent domain.
Republican lawmakers who spoke at the hearing suggested they were supporting House Study Bill 608 because the Iowa Senate so far has refused to take up another bill passed last year by the House that would require pipeline projects to have 90 percent of their route’s easements voluntarily granted by landowners before using eminent domain to force them.
“I am very frustrated we even have to be here,” said Rep. Steven Holt, R-Denison. “I have objection to these companies using the heavy hand of government to try to seize private property of landowners in my district for what is clearly a private economic development project that does not meet the constitutional requirement of public use.”
Rep. Steven Holt R-Denison
The Iowa Utilities Board is considering a permit application from Summit Carbon Solutions to build more than 680 miles of pipeline in Iowa to transport carbon dioxide from ethanol plants to an underground storage site in North Dakota.
Summit has said it has voluntary easements on about three-quarters of the Iowa route, the Iowa Capital Dispatch reported, but still would need the board to grant eminent domain rights to force easements on the rest of the parcels.
Five landowners spoke at the legislative hearing, saying the board’s multiweek permit hearing in Fort Dodge felt like a farce because Summit staff were given preferential treatment, the board met during fall harvest when it was harder for farmers to attend and because there was little notice before landowner testimony.
Chaz Allen, executive director of the Iowa Utility Association, which represents investor-owned utilities including MidAmerican Energy and Alliant Energy, was the only person to speak against the bill Wednesday.
“We rarely use eminent domain, but this bill could impact our efforts for reliability and bringing services to unserved or underserved growing communities in Iowa,” he said.
HSB 608, which now goes to the House Judiciary Committee, would allow 21 members of the Iowa House or 11 members of the Iowa Senate to file a petition that would force the Utilities Board to stop eminent domain proceedings. A vote of or signed affidavits from at least three-fifths of the House and Senate would be required for the proceedings to resume.
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The bill would not be retroactive, so the review of Summit’s proposal could not be disrupted. The measure could be used for any project seeking to use eminent domain, not just a pipeline.
Pete McRoberts, policy director for ACLU of Iowa, said he supports HSB 608 because it has a provision for landowners whose land is subject to an eminent domain claim to ask a District Court judge to decide whether the proposed project fits legal requirements to force easements.
“These landowners should have the ability to get a review up front so they don't have to wait years to get a resolution,” he said.
Last March, the Iowa House voted 73-20 to pass House File 565, which would prohibit the state from approving a permit for a hazardous liquid pipeline unless the developer had voluntary leases for 90 percent of the miles of the proposed project.
“It's extremely disappointing to me the legislation we passed last year did not move forward in the Senate,” Holt said Wednesday.
Iowa Senate Majority Leader Jack Whitver, R-Grimes, said in late December there wasn’t consensus among Senate Republicans about further pipeline regulation.
“We have some of the strongest eminent domain laws in the country right now.” he said then. “ … There are people in our caucus all over the board. Some are very supportive of the pipeline. Some that aren't as supportive of the pipeline."
www.thegazette.com
Republican lawmakers who spoke at the hearing suggested they were supporting House Study Bill 608 because the Iowa Senate so far has refused to take up another bill passed last year by the House that would require pipeline projects to have 90 percent of their route’s easements voluntarily granted by landowners before using eminent domain to force them.
“I am very frustrated we even have to be here,” said Rep. Steven Holt, R-Denison. “I have objection to these companies using the heavy hand of government to try to seize private property of landowners in my district for what is clearly a private economic development project that does not meet the constitutional requirement of public use.”
The Iowa Utilities Board is considering a permit application from Summit Carbon Solutions to build more than 680 miles of pipeline in Iowa to transport carbon dioxide from ethanol plants to an underground storage site in North Dakota.
Summit has said it has voluntary easements on about three-quarters of the Iowa route, the Iowa Capital Dispatch reported, but still would need the board to grant eminent domain rights to force easements on the rest of the parcels.
Five landowners spoke at the legislative hearing, saying the board’s multiweek permit hearing in Fort Dodge felt like a farce because Summit staff were given preferential treatment, the board met during fall harvest when it was harder for farmers to attend and because there was little notice before landowner testimony.
Chaz Allen, executive director of the Iowa Utility Association, which represents investor-owned utilities including MidAmerican Energy and Alliant Energy, was the only person to speak against the bill Wednesday.
“We rarely use eminent domain, but this bill could impact our efforts for reliability and bringing services to unserved or underserved growing communities in Iowa,” he said.
HSB 608, which now goes to the House Judiciary Committee, would allow 21 members of the Iowa House or 11 members of the Iowa Senate to file a petition that would force the Utilities Board to stop eminent domain proceedings. A vote of or signed affidavits from at least three-fifths of the House and Senate would be required for the proceedings to resume.
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The bill would not be retroactive, so the review of Summit’s proposal could not be disrupted. The measure could be used for any project seeking to use eminent domain, not just a pipeline.
Pete McRoberts, policy director for ACLU of Iowa, said he supports HSB 608 because it has a provision for landowners whose land is subject to an eminent domain claim to ask a District Court judge to decide whether the proposed project fits legal requirements to force easements.
“These landowners should have the ability to get a review up front so they don't have to wait years to get a resolution,” he said.
Last March, the Iowa House voted 73-20 to pass House File 565, which would prohibit the state from approving a permit for a hazardous liquid pipeline unless the developer had voluntary leases for 90 percent of the miles of the proposed project.
“It's extremely disappointing to me the legislation we passed last year did not move forward in the Senate,” Holt said Wednesday.
Iowa Senate Majority Leader Jack Whitver, R-Grimes, said in late December there wasn’t consensus among Senate Republicans about further pipeline regulation.
“We have some of the strongest eminent domain laws in the country right now.” he said then. “ … There are people in our caucus all over the board. Some are very supportive of the pipeline. Some that aren't as supportive of the pipeline."
Bill would allow lawmakers to halt eminent domain proceedings of Iowa Utilities Board
An Iowa House subcommittee unanimously approved a bill to allow the Iowa Legislature to intervene in a permitting process of a pipeline or other energy project seeking to use eminent domain.
www.thegazette.com
