Carbon Pipelines Dig Up Eminent Domain

Pipelines proposed across the Midwest are bringing up eminent domain fights between pipeline developers and land owners. 

From KIOW

While the pipeline companies try to negotiate voluntary easements with landowners, not all landowners want a pipeline running through their property. Which brings eminent domain laws into play. 

U.S. eminent domain law allows private companies to take over property if their project is deemed in the public interest and landowners are compensated. But the law has not yet been applied to carbon pipelines, which are primarily regulated and sited by states. 

How state regulators and legislators deal with the issue will have huge implications for the emerging U.S. carbon capture, utilization, and storage (CCUS) industry.

Iowa is in the hot seat right now, with 20 counties having filed objections with the Iowa Utilities Board (IUB) opposing the use of eminent domain for the pipelines. These counties account for a big chunk of the pipeline routes of both Summit and Navigator. 

Some environmental groups want to stop the pipelines altogether, while other groups just want to avoid eminent domain disputes. Opponents argue that the pipelines are a private, profit-generating initiative, not a public utility project. 

We’ll keep an eye on Iowa’s pipeline progress…the most attention Iowa gets between Presidential caucuses.