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Another Stab at Carbon-capture Eminent-domain Reform in Iowa

Iowans are throwing strong support behind a new bill to prevent the use of eminent domain for carbon-capture pipelines.

Republican State Representative Steven Holt, chairman of the Judiciary Committee, introduced House Study Bill (HSB) 507 on January 12. The following day a subcommittee hearing ended with a decision to advance the bill to the full Judiciary Committee. If approved there, it will go to the House for a vote.

Bearing no formal title, the short bill of only 24 lines mandates that “a person shall not exercise the power of eminent domain to acquire right-of-way for, construct, or operate a pipeline for the primary purpose of transporting carbon oxide.” (Those involved in crafting the legislation tell TNA that use of the term “oxide” rather than “dioxide” provides additional protections against eminent domain encroachment.) Since the act is “deemed of immediate importance,” it would take effect “upon enactment.”

Resistance to Pipelines

Public comments from pipeline fighters are pouring in. Century-farm owner Kathy Stockdale writes, “This bill supports our constitutional rights. It gives landowners the choice to sign or not to sign an easement agreement, and [we] can negotiate more freely without the threat of eminent domain. It allows the pipeline to still pursue easements and build, but gives landowners the right to say no.”

She’s making these points because last year a similar bill, HF 639, passed both House and Senate in Iowa, but Republican Governor Kim Reynolds vetoed it. She gave her rationale in a letter that accompanied her decision: “Those who crafted the bill said they don’t want to stop CO2 [carbon dioxide] pipelines that rely entirely on voluntary agreements. But that is exactly what the bill does. For that reason alone, I cannot sign it.” Reynolds also emphasized her willingness to work with the Legislature “to strengthen landowner protections” and “protect private property.”

Stockdale remains skeptical. Local news outlet KTIV interviewed her last year after Reynolds’ veto. Stockdale told them that she has personally spent $10,000 in legal fees fighting the pipelines since 2021. Like many of her fellow pipeline fighters, she is not convinced of their governor’s goodwill.

“It’s no surprise that Governor Reynolds has once again sided with her political donors rather than Iowa landowners,” Iowa’s House Minority Leader Brian Meyer told KTIV. “Iowa House Democrats and Republicans worked together to protect property rights,” but their governor pulled the rug out from under them.

Possible Conflicts of Interest?

It’s little wonder that Iowans don’t trust Reynolds on this issue. Bruce Rastetter was the largest single donor to her gubernatorial campaign, and he owns Summit Carbon Solutions, the private, for-profit company that stands to win big on eminent domain for these pipelines. Business Record revealed that he and Reynolds “try to meet for lunch four times a year,” while “opponents of CO2 pipelines say they haven’t been able to get a single meeting with Reynolds on the topic of Rastetter’s project.”

Additionally, Reynolds served as lieutenant governor under former Iowa Republican Governor Terry Branstad (U.S. ambassador to China in Donald Trump’s first administration and cousin to former U.S. Attorney General Merrick Garland). Rastetter was a major donor to Branstad’s gubernatorial campaigns, and the latter now works as a senior policy advisor for Summit. While Branstad was in office, he appointed Bruce’s brother, Brent, to the state Environmental Protection Commission.

Also tying current Governor Reynolds to Rastetter is her former chief of staff, Jake Ketzner, who is now Summit’s vice president of government affairs.

With all those strings, it will be interesting to see what happens should HSB 507 land on Reynolds’ desk during this legislative session.


This article is part of The New American’s weekly online newsletter Insider Report, which is emailed to TNA subscribers each week. Click here to subscribe to The New American to receive the Insider Report and access exclusive content.

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