Iowa House passes bill allowing landowners, companies to seek review of eminent domain

The Iowa House on Thursday approved legislation that would allow landowners and companies involved in eminent domain proceedings to go to court and seek a constitutional review of the process.

Under House File 2664, which passed on a 86-7 vote, a landowner or company who is facing the Iowa Utilities Board would be able to request review from a judge in Polk County.

And if more than a year and a half passes after court action begins in Polk County, a person can seek review from a judge in another county.

The bill's passage comes as Summit Carbon Solutions continues through the regulatory process in a bid to build a carbon-capture pipeline across Iowa.

Rep. Charley Thomson, R-Charles City, the bill's sponsor, said it would provide landowners affected by the project with more immediate answers about the future of their property.

"It was never the intention, as far as I can tell, of the creators of the (Iowa Utilities Board) to have a process that in effect takes land from people without due process," Thomson said. "I don't think Iowans would have sanctioned such an idea."

Summit did not immediately respond to a request for comment on the bill's passage Thursday.

The legislation is Iowa lawmakers' latest attempt to address eminent domain, particularly as it pertains to construction of the pipelines.

Republicans, who control both chambers of the legislature, have split on the issue.

Proponents of the pipelines argue that they are critical for Iowa's key ethanol industry to remain viable long-term; opponents criticize the use of eminent domain to build the projects and raise concerns about their safety.

More: Iowa bill would let lawmakers halt eminent domain use by carbon capture pipelines

Multiple companies, led by the Ames-based Summit, are seeking to build the $8 billion pipeline across Iowa and neighboring states.

Another proposed $3.5 billion pipeline project from Navigator CO2 Ventures died last year after the company encountered regulatory hurdles.

Thomson suggested that Summit and other companies shouldn't take issue with the legislation, arguing that it would be better to have the issue of constitutionality answered "at the beginning, rather than having to wait until the very end."

And Rep. Bobby Kaufmann, R-Wilton, delivered a frank message on the floor for those "who would attempt to use their money to influence" or prevent the Thursday vote.

"My message is, take your money and shove it," Kaufmann said.

Senator: Bill is 'unique' way to address eminent domain concerns

The legislation now heads to the Senate.

Sen. Dan Dawson, R-Council Bluffs, said on PBS' Iowa Press last week that he wanted to see "the final product" but remarked that it was a "unique way" to address concerns with eminent domain that was a priority for "some people in the Senate."

"How we deal with some of these out-of-state regulations that are getting heaved upon us makes things complicated," Dawson said. "But I think it's definitely something to take a look at."

A bill passed the House last year that would have required companies seeking to build pipelines to reach voluntary agreements to buy 90% of the land on their proposed route before petitioning the state for eminent domain. It died in the Senate.

A previous version of the bill passed Thursday would have allowed lawmakers to intervene and halt eminent domain proceedings. That language was later removed.

Stephen Gruber-Miller contributed reporting.

Galen Bacharier covers politics for the Register. Reach him at gbacharier@registermedia.com or (573) 219-7440, and follow him on Twitter @galenbacharier.

This article originally appeared on Des Moines Register: Iowa House passes bill allowing court review of eminent domain