Committee hears bill to bar eminent domain for carbon, wind and solar infrastructure

Senate Energy and Natural Resources held a hearing on Senate Bill 2322, introduced by Sen. Jeff Magrum, which would prevent entities from exercising eminent domain to build infrastructure associated with carbon capture, carbon dioxide transport and geological storage, wind and solar energy, hydrogen energy and projects that claim federal tax credits such as the 45Q credit.

The bill’s sponsor, Senator Jeff Magrum, told the committee the measure is intended to protect private property rights. "The goal of 2322 is to prevent the use of eminent domain for green new deal projects in North Dakota," Magrum said, adding that landowners should not have to "fear negotiations with industry representatives." Magrum cited filings by companies that claim common-carrier status under state law and a recent South Dakota Supreme Court decision that he said limits the companies’ ability to use eminent domain there.

Supporters…