Bremer County Board adopts resolution opposing eminent domain for private CO2 pipeline project

The Bremer County Board of Supervisors voted May 21 to adopt Resolution No. 24-36, formally objecting to the Iowa Utilities Board’s use of eminent domain authority for privately owned carbon dioxide pipelines proposed by Summit Carbon Solutions. The motion was made by Supervisor Kammeyer and seconded by Supervisor Hildebrandt and passed unanimously.

The resolution argues that the pipeline project does not meet a constitutional “public use” standard and cites federal and state authorities in support. It references Iowa Code § 479B.7 and Iowa Administrative Code rule 199-13.5, the Fifth Amendment of the U.S. Constitution, Article I, section 18 of the Iowa Constitution, Kelo v. City of New London, and the Iowa Supreme Court’s decision in Puntenney v. Iowa Utilities Board. The resolution states that the project seeks eminent domain across “1,035 parcels” and that the primary purpose is private economic gain linked to federal tax incentives (the transcript cites 45Q tax credits and the Inflation Reduction Act).

The board’s adopted text contends that pipelines differ from public infrastructure such as roads or utilities that directly serve the public, and that allowing eminent domain for a project whose principal benefit accrues to private entities would improperly expand takings authority. The resolution states that Bremer County “objects to the use of eminent domain for private economic gain and urges the Iowa Utilities Board not to grant Summit the use of eminent domain for this project.”

The resolution was adopted as written and will be available with the county’s minutes and resolution files. The board did not take further action at this meeting to initiate litigation or other enforcement; the resolution is a formal objection submitted in the administrative review process.