Iowa House approves bill limiting eminent domain for CO2 pipelines, 64-28

DES MOINES — The Iowa House on the floor passed House File 2104, a bill that would prohibit the use of eminent domain to acquire right-of-way, construct or operate carbon-dioxide pipelines whose primary purpose is transporting CO2, after a divisive debate that highlighted property-rights concerns and competing views about economic benefit.

Representative Holt, the bill sponsor, opened debate by saying, "House file 2104 prohibits the use of eminent domain for acquiring right of way, for constructing, or for operating a pipeline, or for operating a pipeline that has a primary purpose of transporting oxide." Holt framed the measure as a defense of private property and argued that seizure of land for what he called an economic development project would undermine constitutional protections.

Supporters tied the proposed restriction to landowner control. In closing remarks the sponsor said the CO2 pipeline "is not essential for the functioning of our society" and called it "an economic development project," arguing that using government power to seize land for such a project would be unconstitutional and would harm landowners' future business opportunities.

Opponents raised questions about whether the measure properly balances public needs, safety and economic opportunities. Representative Ingalls said she would vote no and traced the legal history of eminent domain, referencing the Fifth Amendment and the Iowa Constitution; she also said CO2 transport could open new markets for ethanol, arguing the project could offer "new markets in the form of a market for sustainable aviation fuel." Representative Wilburn said the bill "doesn't address the safety concerns, concerns about protecting the soil, and land-use issues around placement of the line." Representative Pelosi said she could not support the bill because it "creates two separate regulatory schemes" that, in her view, could violate equal-protection guarantees.

The clerk read the bill title and the House proceeded to a recorded vote. The Speaker directed members to vote; several individual votes were announced during the roll call (for example, Wheeler—aye; Bowden—aye; Bergen—no). The clerk reported the result: 64 ayes, 28 noes, and 8 absent or not voting. The clerk declared that the bill had received a constitutional majority and the bill was passed by the House.

Representative Kaufman asked that HF2104 be immediately messaged to the Senate; the Chair heard no objection and ordered it sent. The House then moved to adjourn.

The debate included references to Summit Carbon Solutions and an Iowa Utilities Commission order permitting Summit to seek eminent-domain authority; supporters and opponents disagreed about whether the pipeline serves a public use. The measure now moves to the Senate, where its prospects will depend on that chamber's schedule and any committee consideration.

Next steps: HF2104 was messaged to the Senate; no Senate action was recorded in this session.