State Rep. Dean Fisher (R-Montour)

Recently I joined with 36 of my legislature colleagues to file a suit against Summit Carbon Solutions over the use of eminent domain for the Summit Carbon Pipeline. This summer the Iowa Utilities Commission (IUC) granted Summit the ability to use eminent domain for these CO2 (Carbon Dioxide) pipeline routes. I believe that this action by the IUC is a grave misuse of eminent domain, possibly worse than the infamous Connecticut decision on eminent domain known as Kelo. Allowing a business to take our farmers private property solely for the gain of that business is a dangerous precedent to set. It opens the door for many more abuses beyond just this CO2 pipeline. This CO2 pipeline is very different from the petroleum and other pipelines that criss-cross our state. The petroleum pipelines are used for delivering a product to us, the consumer, as do power lines for electricity. But the CO2 pipelines have but one purpose – to transport the businesses byproduct, CO2, to an underground storage facility, not for the use of the public.

The premise behind allowing eminent domain to be used for the CO2 pipeline is that it would financially benefit the suppliers to Summit Carbon Solutions, farmers, by increasing the selling price of corn. If this use of eminent domain is allowed, then it opens the door for land to be taken to build a lake, factory, or even a housing development. After all, these projects would also benefit the suppliers to those projects businesses.

I fully support the ethanol industry, I have done so with my votes in the legislature, and I do so personally by buying E15 fuel whenever I can. But I cannot support this abuse of eminent domain being used by Summit Carbon Solutions against our farm families in Iowa. The precedent is simply far too damaging to our property rights.

I have heard from many folks in my district about their concerns with the use of eminent domain for these CO2 pipelines. This issue has really brought to light the idea that Iowa needs a comprehensive review of our current law and processes surrounding landowner rights, utility policy, and eminent domain law.

We have passed bills in the House to address this already. In 2023, we passed House File 565, a bill that would have required carbon capture pipeline companies to reach voluntary easements for 90% of the land on their route before they could use eminent domain. This policy was a reasonable compromise put forward by the Farm Bureau. Unfortunately, that bill died in the Senate.

In 2024 we passed House File 2664 which would have allowed landowners who are subject to eminent domain from CO2 pipeline companies to challenge the legitimacy of those requests in court earlier in the permit process. Once again the bill died in the Senate. The more I’ve heard from Iowans, the more it has strengthened my resolve that this policy change needs to happen. Currently, the decision on whether eminent domain is allowable may come many months later. For that entire period, landowners are held in limbo, unable to get answers to their questions, sell their land at full value, or make decisions on tiling or estate planning. I want to revisit this policy change in the 2025 session.

In the House, we’ve put a lot of time and effort into this. I’m not new to this eminent domain issue. I worked to stop the taking of land for the Rock Island Clean Line back in 2016 which posed a similar threat to property rights. I plan to continue to work alongside the leaders in this lawsuit, Representatives Charley Thomson and Helena Hayes to resolve this issue. As your legislator I remain committed to protecting our precious property rights.

Rep. Fisher’s district covers all of Poweshiek County and most of Tama County excluding Traer, Dysart, and Buckingham.