An Iowa district court judge has dismissed a lawsuit filed by landowners challenging the proposed Bakken crude oil pipeline, saying they must first follow the process set up by the state board that oversees pipeline siting and routing.
Three landowners — Marian Johnson of Cherokee County, Brent Jesse of Buena Vista County and Richard Lamb of Boone County — had challenged the Iowa Utility Board’s authority to grant out-of-state developer Dakota Access the power of eminent domain to take land for the pipeline, which would run through their land.
District Judge Carl Petersen ruled that Iowa law spells out the IUB’s authority to grant eminent domain, and the landowners must first follow the board’s procedures for hearing challenges before asking for court action.
“Iowa Code Chapter 479B grants the IUB the authority to consider applications for hazardous waste pipelines and grants of eminent domain therefrom. As such, petitioners are required to exhaust the administrative remedies under the doctrine of exhaustion,” Petersen said in his ruling, filed Tuesday in Cherokee County District Court.
The landowners will continue to seek to protect their rights, Lamb said in a news release from the owners’ attorney, William Hanigan of Des Moines.
“Although we’re disappointed about the court’s decision to dismiss our case, we remain resolute about our rights as landowners,” Lamb said. “We believe that eminent domain should be unavailable for Dakota Access. We’re evaluating the current situation and keeping our options open.”
The IUB has set a public hearing in Boone beginning Nov. 12 and scheduled to last through Dec. 2. After that hearing, the IUB will decide whether the proposed pipeline will “promote the public convenience and necessity.” The board also will decide whether, and to what extent, Dakota Access may be allowed to exercise eminent domain, said Don Tormey, IUB manager of customer services and communications.
Anyone who disagrees with the IUB decision may then ask the district court to review it.
Tormey said there is no deadline for the board to issue its decision.
Dakota Access, a subsidiary of Dallas-based Energy Transfer Partners, seeks to build a 1,100-mile pipeline transporting crude oil through four states, from western North Dakota’s Bakken region to a shipping terminal in Patoka, Ill. The pipeline route would cross Iowa diagonally from the northwest to the southeast, covering 346 miles through 18 Iowa counties.
Dakota Access said it will bring at least 4,000 construction jobs to Iowa, and $55 million a year in property tax revenue, plus additional sales and income taxes.
Dakota Access in January filed for a hazardous liquids pipeline permit with the IUB. The company estimates it will spend $200 million to acquire easements for about 2,000 tracts of land.
The landowners had argued in their suit, filed in July, that if forced to sell through eminent domain, they would lose negotiating power with Dakota Access, resulting in a lower purchase price, and that the easements would change and damage the value of their land.
http://www.thegazette.com/subject/n...ses-lawsuit-over-bakken-oil-pipeline-20151022
Three landowners — Marian Johnson of Cherokee County, Brent Jesse of Buena Vista County and Richard Lamb of Boone County — had challenged the Iowa Utility Board’s authority to grant out-of-state developer Dakota Access the power of eminent domain to take land for the pipeline, which would run through their land.
District Judge Carl Petersen ruled that Iowa law spells out the IUB’s authority to grant eminent domain, and the landowners must first follow the board’s procedures for hearing challenges before asking for court action.
“Iowa Code Chapter 479B grants the IUB the authority to consider applications for hazardous waste pipelines and grants of eminent domain therefrom. As such, petitioners are required to exhaust the administrative remedies under the doctrine of exhaustion,” Petersen said in his ruling, filed Tuesday in Cherokee County District Court.
The landowners will continue to seek to protect their rights, Lamb said in a news release from the owners’ attorney, William Hanigan of Des Moines.
“Although we’re disappointed about the court’s decision to dismiss our case, we remain resolute about our rights as landowners,” Lamb said. “We believe that eminent domain should be unavailable for Dakota Access. We’re evaluating the current situation and keeping our options open.”
The IUB has set a public hearing in Boone beginning Nov. 12 and scheduled to last through Dec. 2. After that hearing, the IUB will decide whether the proposed pipeline will “promote the public convenience and necessity.” The board also will decide whether, and to what extent, Dakota Access may be allowed to exercise eminent domain, said Don Tormey, IUB manager of customer services and communications.
Anyone who disagrees with the IUB decision may then ask the district court to review it.
Tormey said there is no deadline for the board to issue its decision.
Dakota Access, a subsidiary of Dallas-based Energy Transfer Partners, seeks to build a 1,100-mile pipeline transporting crude oil through four states, from western North Dakota’s Bakken region to a shipping terminal in Patoka, Ill. The pipeline route would cross Iowa diagonally from the northwest to the southeast, covering 346 miles through 18 Iowa counties.
Dakota Access said it will bring at least 4,000 construction jobs to Iowa, and $55 million a year in property tax revenue, plus additional sales and income taxes.
Dakota Access in January filed for a hazardous liquids pipeline permit with the IUB. The company estimates it will spend $200 million to acquire easements for about 2,000 tracts of land.
The landowners had argued in their suit, filed in July, that if forced to sell through eminent domain, they would lose negotiating power with Dakota Access, resulting in a lower purchase price, and that the easements would change and damage the value of their land.
http://www.thegazette.com/subject/n...ses-lawsuit-over-bakken-oil-pipeline-20151022
