An Iowa judge says a state law allowing pipeline companies to survey property owners' land without permission is unconstitutional, delivering a victory to landowners who've been battling against three proposed carbon capture pipeline projects.
John Sandy, a Clay County district judge, ruled Wednesday that a company's surveyor entering property without consent to determine if a hazardous liquid pipeline can be built across it is a "government taking without providing just compensation," violating the Iowa and U.S. constitutions.
More:Federal regulators will hold Des Moines forums on carbon capture pipeline safety next month
The ruling came after Navigator CO2 Ventures sued Martin Koenig last year, saying he had repeatedly blocked the Omaha, Nebraska, company from surveying his land near Sioux Rapids in northwest Iowa. Navigator, one of three companies that want to build a carbon capture pipeline across Iowa, said state law allows a pipeline company to enter private property to survey the land to determine the "direction or depth of pipelines" after holding a public hearing and giving the landowner 10 days' notice.
Navigator complied with the requirements, then sought an injunction to force Koenig to provide access. Koenig countersued, claiming the state law was unconstitutional.
Navigator said in an email Wednesday it would appeal the ruling to the Iowa Supreme Court. The company said it "believes that further review will uphold the constitutionality of the statute, aligning with the conclusions reached by courts in neighboring jurisdictions."
John Sandy, a Clay County district judge, ruled Wednesday that a company's surveyor entering property without consent to determine if a hazardous liquid pipeline can be built across it is a "government taking without providing just compensation," violating the Iowa and U.S. constitutions.
More:Federal regulators will hold Des Moines forums on carbon capture pipeline safety next month
The ruling came after Navigator CO2 Ventures sued Martin Koenig last year, saying he had repeatedly blocked the Omaha, Nebraska, company from surveying his land near Sioux Rapids in northwest Iowa. Navigator, one of three companies that want to build a carbon capture pipeline across Iowa, said state law allows a pipeline company to enter private property to survey the land to determine the "direction or depth of pipelines" after holding a public hearing and giving the landowner 10 days' notice.
Navigator complied with the requirements, then sought an injunction to force Koenig to provide access. Koenig countersued, claiming the state law was unconstitutional.
Navigator said in an email Wednesday it would appeal the ruling to the Iowa Supreme Court. The company said it "believes that further review will uphold the constitutionality of the statute, aligning with the conclusions reached by courts in neighboring jurisdictions."
Iowa law allowing surveyors on property for carbon capture pipeline ruled unconstitutional
A judge says the law violates a property owner's 'right to exclude.' Pipeline company Navigator C02 Ventures says it will appeal.
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